Bombay High Court

SHRI YESHWANT LAXMAN SUTAR (SINCE DECEASED) THRGH POA CHAYYA PRABHAKAR CHIKODEversusSHRI PRABHAKAR MURLIDHAR SUTAR AND ORS

Disposal: Disposed Off

Holding

The court accepted the respondents' undertaking that they will not create third‑party rights and disposed of the interim application without granting a stay or injunction.

Summary

The applicant, legal heirs of the deceased Yeshwant Laxman Sutar, filed an interim application seeking a stay of execution of a district court judgment dated 25-10-2023 and an injunction restraining the respondents from creating third‑party rights in suit property Gat No.796, Rajapur, Sangli. The respondents (Nos. 4 and 6) submitted that they have no intention of creating any such rights and made this declaration before the court. The applicant argued that the reliefs were only against respondents Nos. 4 and 6, the subsequent purchasers of the property. The court accepted the respondents' statement as a valid undertaking and found no need to grant a stay or restraining order. Consequently, the interim application was disposed of without any further relief.

Issues considered

Whether a stay of execution of the district court judgment should be granted pending the second appeal.
Whether an injunction restraining the respondents from creating third‑party rights in the suit property is warranted.
Whether the respondents' declaration that they will not create third‑party rights suffices to dispose of the interim application.

Subjects

stay of execution
interim application
third party rights
injunction
civil appeal
property dispute

Judgment

                                                                            32 - IA - 13105 - 2024.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                         CIVIL APPELLATE JURISDICTION

VAIBHAV
                                     INTERIM APPLICATION NO. 13105 OF 2024
RAMESH
JADHAV
Digitally signed by
                                                      IN
VAIBHAV RAMESH
JADHAV
Date: 2026.10.08
20:09:07 +0530                           SECOND APPEAL NO. 618 OF 2024

                      Yeshwant Laxman Sutar
                      Deceased Through Legal Heirs
                      Chaya Prabhakar Chikode                         … Applicant
                                 V/s.
                      Prabhakar Murlidhar Sutar & Ors.                … Respondents

                      Mr. Govind B. Pawar for the Applicant.
                      Mr. Ganesh Desai with Vaishali Desai for Respondent Nos. 4
                      and 6.



                                                    CORAM       : ASHWIN D. BHOBE, J.

                                                    DATED       : OCTOBER 8, 2026
                      P.C.:


                      1.      Heard Mr. Govind B. Pawar, learned Advocate for the Applicant

                      and Mr. Ganesh Desai, learned Advocate for Respondent Nos. 4 and 6.


                      2.      Mr. Govind B. Pawar, learned Advocate for the Applicant, states

                      that Respondent Nos. 1, 2, 3 and 5 are served in this Application. He

                      submits that even otherwise, the Applicant is not seeking any relief as

                      against Respondent Nos. 1, 2, 3 and 5, as the subsequent purchasers of

                      the property are Respondent Nos. 4 and 6. He, therefore, submits that

                      his reliefs in this Application are against Respondent Nos. 4 and 6.




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                                                               32 - IA - 13105 - 2024.docx


3.    By the present Application, the Applicant has sought the

following substantive reliefs:

      “(a) That pending the hearing and final disposal of the above Second
      Appeal this Hon’ble Court may be pleased to order to stay the execution and
      operation of the judgment and decree dated 25.10.2023 passed by the Ld.
      District Judge – 2 Sangli, District: Sangli in Regular Civil Appeal No.93 of
      2022.

      (b)     That pending the hearing and final disposal of the present Second
      Appeal, this Hon’ble Court by an appropriate order be pleased to restrain the
      Respondents, their heirs, family members, servants, agents and/or any other
      person/s acting on behalf of the Respondent from creating third party, rights
      interest in the suit property of Gat No.796 of village Rajapur, Taluka: Tasgaon,
      District: Sangli.”

4.    Mr. Ganesh Desai, learned Advocate for Respondent Nos. 4 and 6,

on instructions from Respondent Nos. 4 and 6, states that pending the

Second Appeal No.618 of 2024 the Respondent Nos.4 and 6 do not have

any intention of creating any third-party rights in respect of the suit

property, Gat No. 796 of village Rajapur, Taluka Tasgaon, District Sangli.

He states that this statement is made on specific instructions from

Respondent Nos. 4 and 6 and the same be taken on record.


5.    Based on the statement made by Mr. Ganesh Desai, learned

Advocate for Respondent Nos. 4 and 6, Mr. Govind B. Pawar, learned

Advocate for the Applicant, states that this Interim Application be

disposed of.


6.    Statement made by Mr. Ganesh Desai, learned Advocate for




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                                                    32 - IA - 13105 - 2024.docx


Respondent Nos. 4 and 6, that pending Second Appeal No. 618 of 2024,

Respondent Nos. 4 and 6 shall not create any third-party rights is

accepted as a statement to the Court.


7.    Interim Application No. 13105 of 2024 is disposed of.




                                         (ASHWIN D. BHOBE, J.)




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