Bombay High Court
SHALEN D MELLOversusRUBBY VICTORIA FERREIRA SINCE DECEASED THR. LRS. PEARL MARIA D SOUZA AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court granted interim relief staying the execution proceedings until the appeal is disposed.
Summary
The appellant, Shalen D. Mello, filed an appeal (First Appeal No. 1989 of 2025) which was admitted by a coordinate bench of the Bombay High Court on 16 September 2025. Execution proceedings were simultaneously initiated before the Bombay City Civil Court against the respondents. The appellant sought interim relief to stay the execution pending determination of the appeal, arguing that there are triable issues. The Court, noting the admission of the appeal and the existence of arguable issues, granted the interim relief sought, staying the execution until the appeal is disposed. The interim application was consequently disposed, with no costs awarded, and the court directed the issuance of a fresh notice to the respondents and the appellant to furnish the appeal memorandum.
Issues considered
- Whether interim relief in the form of a stay of execution should be granted pending the disposal of the appeal.
Subjects
- interim relief
- stay of execution
- civil appeal
- execution proceedings
- triable issues
Judgment
Digitally
signed by 4-IA-11323-25.DOC
MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.09.02
17:23:27
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 11323 OF 2025
IN
FIRST APPEAL NO. 1989 OF 2025
Shalen D Mello ...Applicant/Appellant
Versus
Rubby Victoria Ferreira & Ors. ...Respondents
----------
Mr. Sanskar Marathe for Applicant.
None for Respondents
-----------
CORAM: AARTI A. SATHE, J.
DATED: 2nd SEPTEMBER 2026
P.C.
1. Learned Counsel on behalf of the Applicant/Appellant submits that the
aforesaid appeal has been admitted by an order dated 16 th September 2025
passed by a co-ordinate Bench of this Court. He has also submitted that
execution proceedings have been filed before the Bombay City Civil Court.
2. In view of the fact that the aforesaid appeal has been admitted and
there are arguable / triable issues and execution proceedings have already
been initiated, ad-interim relief in terms of prayer clause (a) is granted, till
the disposal of the above Appeal.
3. In view thereof, interim application stands disposed of in the aforesaid
terms.
4. No costs.
5. Re-issue notice to Respondent Nos.1(a) to 1(c), returnable on 14th
Page 1 of 2
Meera Jadhav
4-IA-11323-25.DOC
October 2026. Hamdast permitted. Private notice by all permissible modes of
service is permitted.
6. Learned counsel for the Appellant to supply copies of the Appeal
Memo to the Registry for issuance of notice within one week from today.
(AARTI A. SATHE, J.)
Page 2 of 2
Meera Jadhav
Checking your session…