Bombay High Court

SWAMI HARDAS,versusBHAMABAI NIVRUTTI KATE(SINCE DECD. THR. LRS) NANASAHEB NIVRUTTI KATE and ORS.

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The interim stay granted in the related appeal applies to the present appeal, and therefore the decree of the Appellate Court is stayed.

Summary

Swami Hardas filed a civil application seeking an interim stay of the decree passed by the Appellate Court in Second Appeal No. 716 of 2018. The court observed that a related second appeal (No. 416 of 2019) had already been granted an interim stay on 17 July 2019, which was subsequently converted into an interim stay during the pendency of that appeal. The judge held that the same stay should extend to the present appeal. Accordingly, the application was disposed of, with the interim stay being applied to the decree of the Appellate Court. The order was pronounced by Justice Sandeep V. Marne on 1 September 2026.

Issues considered

Whether an interim stay should be granted to the decree of the Appellate Court in the present Second Appeal No. 716 of 2018

Subjects

interim stay
appeal
civil procedure

Judgment

  2026:BHC-AS:36192
                         k                                    1/1                          29 cas 1611.18 in sa 716.18 as.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                               CIVIL APPLICATION NO.1611 OF 2018
                                                              IN
                                                 SECOND APPEAL NO.716 OF 2018
                         Swami Hardas                                                         ....Applicant
                               V/S
                         Bhamabai Nivrutti Kate
                         since deceased, through LRs
                         Nanasaheb Nivrutti Kate & Ors.                                       ....Respondents
                                                       _________
                         Mr. Prabhakar M. Jadhav for the Appellant/Applicant.
                         Ms. Manisha Pondkule i/b Ms. Manisha Devkar for Respondent Nos.2
                         to 5.
                                            __________

                                                        CORAM : SANDEEP V. MARNE, J.
                                                        DATE : 1 SEPTEMBER 2026.
                         P.C.:

                         1.           The Civil Application is filed seeking interim stay to the decree of
                         the Appellate Court. The Appeal has already been admitted by a separate
                         order passed today. In companion Second Appeal No.416 of 2019 ad-
                         interim stay was granted to the decree of the Appellate Court on 17 July
                         2019. The said ad-interim stay has been converted into interim stay
                         during pendency of the Appeal by passing the separate order today. In
                         that view of the matter, the stay to the decree of the Appellate Court
                         shall also apply in the present Appeal during pendency thereof.


                         2.       The Civil Application is accordingly disposed of.



                                                                                      (SANDEEP V. MARNE, J.)

                          katkam
Signed by: Sudarshan R. Katkam                                      Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 03/09/2026 15:49:54

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