Bombay High Court
Manikrao Damodar BhosaleversusBaliram Dnyanoba Mundphane
- Disposal
- Allowed
Holding
The stay of execution under clause 4 is to be made absolute pending the final disposal of the second appeal.
Summary
The applicant, Manikrao Damodar Bhosale, filed an interim application seeking a stay of clause 4 of the operative part of a district court judgment dated 14 December 2022 and a status‑quo order on the suit property pending the hearing of a second appeal. The second appeal (No. 794 of 2024) had been admitted on 14 October 2025, and interim relief under prayer clause (a) had already been granted. The High Court considered whether the stay should be made absolute while the appeal is pending. Relying on the fact that the appeal was admitted and interim relief was already in place, the Court confirmed the earlier order and made the stay absolute. Consequently, the application was allowed and the interim application was disposed. The decision underscores the principle that execution of a decree may be stayed when a higher court has admitted an appeal and granted interim relief.
Issues considered
- Whether the execution of clause 4 of the operative part of the impugned judgment should be stayed pending the final disposal of the second appeal.
- Whether a status‑quo order on ownership and possession of the suit property is warranted during the pendency of the appeal.
Subjects
- interim relief
- stay of execution
- second appeal
- civil procedure
- status quo
- High Court of Bombay
Judgment
907-IA-1479-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1479 OF 2026
IN
SECOND APPEAL NO. 794 OF 2024
Manikrao Damodar Bhosale ...Applicant
Versus
Baliram Dnyanoba Mundphane ...Respondent
_______________________________________________________________
Ms. Tanaya Doke, Advocate for the Appellant.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 1st October, 2026.
P.C. :
1. By the present Application, the Applicant has sought for the
following substantive relief in terms of prayer clause (a) and (b) :-
a. Pending the hearing and final disposal of the Second
Appeal, the effect, operation, implementation and execution of
clause 4 of operative part of the impugned Judgment and Decree
dated 14.12.2022 passed by the learned District Judge-1,
Malshiras, in Regular Civil Appeal No. 52 of 2017, be stayed, in
the interest of justice and peculiar facts and circumstances of the
case;.
b. Pending the hearing and final disposal of the Second Appeal,
Respondents may kindly be directed to maintain status quo in
respect of ownership and possession of suit property.
2. The accompanying Second Appeal was admitted on 14.10.2025
and the interim relief in terms of prayer clause (a) in this Application
was granted.
Arjun 1
907-IA-1479-2026.doc
3. Considering that the Second Appeal is admitted and the Ad-
interim relief is granted in this Interim Application, this Application is
allowed by confirming the order dated 14.10.2025 and making the
prayer clause (a), absolute.
4. Interim Application No. 1479 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.06
10:46:45
+0530
Arjun 2
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