Bombay High Court

SHRI.KISAN PANDHARINATH PAYGUDE AND OTHERSversusSHRI.BAJIRAO KASHINATH PAYGUDE AND OTHERS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

In the absence of any opposition, the civil application for stay of the impugned judgment was allowed.

Summary

The appellants filed a civil application seeking a stay of the effect of an impugned judgment and order. No respondent appeared or filed a reply, and the court had earlier recorded that the status quo should be maintained. The second appeal had been admitted, and the court noted that without a stay the appeal would become infructuous. Considering the lack of opposition, the court allowed the civil application as per the prayer clause. Consequently, a stay of the impugned judgment was granted.

Issues considered

Whether a civil application for stay can be granted in the absence of any opposition from the respondents

Subjects

stay of execution
civil application
second appeal
status quo
no opposition

Judgment

2026:BHC-AS:10560

                                                                          88 CAS 453-18.doc



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                   CIVIL APPLICATION NO. 453 OF 2018
                                                  IN
                                    SECOND APPEAL NO. 337 OF 2020

                    Shri.Kisan Pandharinath Paygude And Others        ... Applicants.
                    In the matter between:
                    Shri.Kisan Pandharinath Paygude And Others        ... Appellants.
                         Versus
                    Shri.Bajirao Kashinath Paygude And Others         ... Respondents.

                                                —————
                Mr Chaitanya Nikte (through VC) for the Applicants.
                                                —————

                                                 Coram : Sharmila U. Deshmukh, J.
                                                 Date  : March 04, 2026
                P.C. :

                1.       None appears on behalf of the Respondents.

                2.       There is no reply which has been -led by the Respondents.

                Learned counsel appearing for the Applicants seeks stay of the e/ect

                of the impugned judgment and order. By order of 29 th January, 2021,

                this Court had recorded the statement on behalf of the Respondents

                that status quo shall be maintained and no third party right shall be

                created till next date. The Second Appeal has been admitted by order

                of 9th December, 2025 and in event the impugned judgment and order

                is not stayed, the Appeal will be rendered infructuous.




                sa_mandawgad                      1 of 2
                                                                                     88 CAS 453-18.doc


                            3.       There does not appear to be any opposition by the Respondents

                            as no reply has been -led to the Civil Application. The Civil Application

                            is of the year 2018. In view thereof, the Civil Application is allowed in

                            terms of prayer clause (a).



                                                                        [Sharmila U. Deshmukh, J.]




                             sa_mandawgad                    2 of 2
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 04/03/2026 19:35:06

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