Bombay High Court

HAROON JILANI KUNGLE(DECD.THR.LRS) SMT PARVEEN HARUN KUNGLE AND ORSversusSMT. SUFIYA ABDUL HAMEED KUNGLE AND ORS

Decided: 10 September 2026
Disposal: Disposed Off

Holding

The execution of the impugned decree is stayed until the appeal is finally decided, preserving the earlier restraining order against creating third‑party rights.

Summary

The applicants filed an interim application seeking a stay of execution of a decree that had been impugned in a second appeal. The first appellate court had earlier restrained the appellants/defendants from creating any third‑party rights over the share allotted to the plaintiffs. The High Court examined whether the execution of the decree should continue while the appeal is pending. Relying on the earlier restraining order, the Court held that the status quo must be maintained to prevent prejudice to the parties. Consequently, the Court ordered that the execution of the impugned decree be stayed for the duration of the appeal and disposed of the interim application.

Issues considered

Whether the execution of the impugned decree should be stayed pending the outcome of the appeal
Whether the parties should be restrained from creating third‑party rights over the disputed share during the pendency of the appeal

Subjects

stay of execution
interim relief
appellate jurisdiction
third party rights
civil procedure

Judgment

Neeta Sawant 1-IA-1394-2021.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 1394 OF 2021
IN
SECOND APPEAL NO. 383 OF 2022

Haroon Jilani Kungle (deceased
through legal heirs), Smt. Parveen
Harun Kungle & Ors. ….. Applicants
: Versus :
Smt. Sufiya Abdul Hameed Kungle
and Ors. ….Respondents

Mr. Anil Anturkar, Senior Advocate i/b. Mr. Kaustubh Thipsay, for the
Applicants.
Mr. Rohit Lalwani with Mr. Noorain Patel i/b. Dwarkadas & Co., for
Respondent Nos.1 to 5.
Ms. Kinjal Kakkad i/b. Mr. Jayesh R. Vyas, for Respondent Nos.6/2, 6/3, 6/5
and 6/6.

CORAM : SANDEEP V. MARNE, J.
DATED : 10 SEPTEMBER 2026.

P.C :

1) Interim Application is filed for stay to the execution of the
impugned decree. It appears that during pendency of the Appeal before

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Neeta Sawant 1-IA-1394-2021.docx

the First Appellate Court, the Appellants/Defendants were restrained
from creating third party rights in respect of the share allocated to the
Plaintiffs. The said arrangement shall continue to operate during
pendency of the Appeal and accordingly execution of the impugned
decree is stayed during pendency of the Appeal. The Interim Application
is accordingly disposed of.

Digitally
signed by

NEETA
NEETA
SHAILESH [SANDEEP V. MARNE, J.]
SHAILESH SAWANT
SAWANT Date:
2026.09.11
10:19:34
+0530

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