Bombay High Court

RAMESH DATTATRAY ADHAVversusBHAMABAI NIVRUTTI KATE(SINCE DECD. THR. LRS) NANASAHEB NIVRUTTI KATE and ORS.

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The earlier interim stay granted in the companion appeal applies to the present appeal, resulting in a stay of the Appellate Court's decree.

Summary

The applicant, 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 applicant relied on a prior interim stay that had been granted in a companion appeal (Second Appeal No. 416 of 2019) on 17 July 2019, which was subsequently converted into an interim stay during the pendency of that appeal. The High Court examined whether the earlier stay should extend to the present appeal. The Court held that the earlier interim stay applies to the present appeal as well, thereby staying the decree of the Appellate Court. Consequently, the civil application for an interim stay was disposed of in favour of the applicant. No substantive merits of the underlying dispute were addressed.

Issues considered

Whether the interim stay granted in the companion appeal should be extended to the present appeal
Whether the decree of the Appellate Court should be stayed pending the outcome of the appeal

Subjects

interim stay
decree
appellate court
civil application
High Court of Bombay

Judgment

  2026:BHC-AS:36193
                         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 15:50:55

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