Bombay High Court
SHRI.RAVINDRA NARAYAN DHAMDHERE (THROUGH POA) SHRI.KRIPASHANKAR BANSILAL JOSHIversusSHRI.ARVIND NARAYAN DHAMDHERE (THROUGH LRS) AND OTHERS
- Decided
- Disposal
- Allowed
- Bench
- SHARMILA U DESHMUKH
Holding
The court granted an interim stay of possession while allowing execution proceedings to continue pending the appeal.
Summary
The applicant, Ravindra Narayan Dhamdhere, filed an interim application seeking a stay of execution and implementation of a judgment dated 3 April 2018 in a partition suit. The applicant argued that possession should not be handed over pending the hearing and final disposal of the second appeal. The court noted that while execution proceedings may continue, possession should be withheld until the appeal is decided. No opposition was filed against the interim relief. Consequently, the court allowed the interim application, staying possession but permitting execution, and disposed of the application on those terms.
Issues considered
- Whether an interim stay of execution and possession can be granted pending the final disposal of a second appeal in a partition suit
Subjects
- stay of execution
- partition suit
- interim relief
- civil appellate jurisdiction
- possession
Judgment
Digitally signed
by SHAGUFTA
SHAGUFTA QUTBUDDIN
PATHAN
QUTBUDDIN
Date:
PATHAN 2026.04.29 32-CAS-918-2019.doc
19:53:16
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.918 OF 2019
(For Stay)
IN
SECOND APPEAL NO.459 OF 2020
Ravindra Narayan Dhamdhere
Through the Power of Attorney Holder
Kripashankar Bansilal Joshi ...Applicant
Versus
Arvind Narayan Dhamdhere
Through legal heirs 1/1 & 1/2 And Others ...Respondents
——————
Mr. G. S. Godbole, Sr. Advocate i/b Mr. Vijay V. Nene for the Applicant
Mr. Rajendra Jagtap a/w Mr. Rushikesh S. Kekane for the Respondent
Nos.1 and 2
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : APRIL 28, 2026
P. C. :
1. Interim Application has been preferred seeking stay of the
execution and implementation of the judgment and decree dated 3 rd
April 2018. As the Suit is for partition and separate possession, the
execution proceedings can be permitted to go on, however, the
possession not to be handed over, pending the hearing and :nal
disposal of the present Second Appeal.
SQ Pathan 1/2
32-CAS-918-2019.doc
2. There is no opposition to the said order being passed by this
Court. Resultantly, Interim Application is allowed and disposed of in
the above terms.
[SHARMILA U. DESHMUKH, J.]
SQ Pathan 2/2
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