Bombay High Court

SHRI. SANDIP KISAN SARODEversusSMT. HAUSABAI GOPINATH SALKE (AS NATURAL GUARDIAN OF KU. DHIRAJ ASHOK KAMTHE) AND OTHERS

Decided: 28 April 2026
Disposal: Disposed Off
Bench: M S DESHPANDE REGISTRAR JUDICIAL II

Holding

The stay application was dismissed because the earlier appeal and condonation application had already been disposed of.

Summary

The High Court noted that First Appeal (Stamp) No. 24775 of 2019 and Civil Application No. 132 of 2020, which sought condonation of delay, had already been dismissed by an order dated 06/02/2026. The present Civil Application No. 133 of 2020 was filed seeking a stay of the earlier dismissal. Since the earlier appeal and the condonation application were already disposed of, the Court held that there was no surviving cause of action for the stay application. Consequently, the Court dismissed the stay application as it could not proceed. The Registrar entered the order disposing of the application.

Issues considered

What is the effect of the earlier dismissal of the appeal and the condonation application on the pending stay application?

Subjects

civil procedure
stay of proceedings
appeal dismissal
condonation of delay
procedural order

Judgment

                              FARAD CONTINUATION SHEET NO.
                         THE HIGH COURT OF JUDICATURE AT BOMBAY                                           1
                               CIVIL APPELLATE JURISDICTION

                              CIVIL APPLICATION NO. 133 OF 2020
                                                      IN
                         FIRST APPEAL (STAMP) NO. 24775 OF 2019
---------------------------------------------------------------------------------------------------------------
  Office Notes, Office Memoranda of Coram,                              Court’s or Judge’s order
appearance, Court’s Orders or directions and
           Registrar’s orders
---------------------------------------------------------------------------------------------------------------

             CORAM : DR. M.S. DESHPANDE
                    REGISTRAR (JUDL -II)

             DATE        : 28/04/2026

None Present

              The office remark discloses that First Appeal
(Stamp) No. 24775 of 2019 alongwith the Civil
Application No. 132 of 2020 filed for condonation of
delay stands dimissed vide the Hon’ble Court’s order
dated 06/02/2026. Hence, this Civil Application No.
133 of 2020 filed for grant of stay does not survive and
it is accordingly disposed of.


                                          Sd/-
                                    REGISTRAR (JUDL-II)
sat-(RJ-II)-29.04.2026

Continue reading with your account

Checking your session…