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Bombay High Court

RANDHIR TULANAND MISHRAversusMOHAN SHAHAJI PAKHARE

Decided
Disposal
Disposed Off

Holding

Stay of execution is granted subject to the appellant depositing Rs.15,00,000 within six weeks, otherwise the stay stands vacated.

Summary

The appellant, Randhir Tulanand Mishra, sought a stay of execution of a decree concerning a flat, contending that the agreed consideration was Rs.3,50,000 while the plaintiff claimed Rs.7,50,000. Evidence showed the market value of the flat to be Rs.6,03,989, and the appellant was in possession of the property. The court considered whether a stay should be granted pending the appeal and what security, if any, should be required. It held that a stay could be granted but only if the appellant deposited Rs.15,00,000 as security within six weeks. The order further provided that failure to make the deposit would automatically vacate the stay. The interim application was therefore allowed and disposed of.

Issues considered

  • Whether a stay of execution of the decree should be granted pending the appeal
  • Whether the appellant must furnish a security deposit as a condition for the stay

Subjects

  • stay of execution
  • interim application
  • decree
  • security deposit
  • appeal
  • civil procedure
  • possession

Judgment

2026:BHC-AS:37767
             k                                1/2                           47 ia 12532.25 in sa 583.25 as.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.12532 OF 2025
                                             IN
                                 SECOND APPEAL NO.583 OF 2025
             Randhir Tulanand Mishra                                           ....Applicant
             IN THE MATTER BETWEEN
             Randhir Tulanand Mishra                                           ....Appellant
                  V/S
             Mohan Sahaji Pakhare & Ors.                                       ....Respondents
                                                _________
             Mr. Ashutosh R. Gote for the Appellant/Applicant.
             Mr. C.S. Joshi with Mr. T. Nimbalkar and A.M.C. Joshi for Respondent
             No.1.
                                           __________

                                        CORAM : SANDEEP V. MARNE, J.
                                        DATE : 11 SEPTEMBER 2026.
             P.C.:

             1.       The Application is filed seeking stay to the execution of the
             decree. It is the case of the Plaintiff that agreed consideration between
             the parties was Rs.7,50,000/-. Whereas it is the case of the
             Appellant/Defendant       that   the   agreed            consideration        was         only
             Rs.3,50,000/-. It appears that during the course of evidence it
             transpired that the market value of the flat was Rs.6,03,989/-. In that
             view of the matter, Applicant will have to deposit substantial amount as
             a precondition for stay to the execution of decree. This is because the
             Applicant is enjoying possession of the flat.


             2.       Accordingly it is directed that there shall be stay to the execution
             of decree during pendency of the Appeal subject to the Applicant

             katkam                                 Page No. 1 of 2
                         k                               2/2                          47 ia 12532.25 in sa 583.25 as.doc




                         depositing in this Court an amount of Rs.15,00,000/- within a period of
                         six weeks. Needless to clarify that in the event the deposit is not made,
                         the stay granted by this Court shall automatically stand vacated.


                         3.       The Interim Application is accordingly allowed and disposed of.



                                                                                 (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                 Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 16/09/2026 15:25:49


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