Bombay High Court

1 DEEPAK LAXMAN TARASversus1 VILAS MURLIDHAR BHONDAVE

Decided: 12 June 2026
Disposal: Disposed Off
Bench: MILIND N JADHAV

Holding

The order dated 12 June 2026 is stayed for a period of eight weeks to enable the appellants to approach the Supreme Court.

Summary

The Bombay High Court considered a praecipe filed by the appellants seeking a stay of its own order dated 12 June 2026, which had vacated an interim injunction concerning Survey No. 73/2B. The court examined the arguments of both sides, noting that the respondents' counsel had previously taken a neutral stance during the hearing of the four interim applications. Despite the respondents' objections, the judge granted a stay of the vacating order for eight weeks to allow the appellants to approach the Supreme Court. The stay is limited to the period required for the appellants to challenge the order, after which the original order will resume its effect. The praecipe was therefore allowed and disposed.

Issues considered

Whether the order dated 12 June 2026 vacating the interim injunction should be stayed pending a Supreme Court challenge.

Subjects

stay of order
interim injunction
civil appellate jurisdiction
Supreme Court challenge
procedural order
property dispute

Judgment

2. IA.3443.2023 + 7 IAs.doc

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 8 OF 2017
WITH
CIVIL APPLICATION NO. 20 OF 2017
IN
SECOND APPEAL NO. 8 OF 2017

Manabai Tukaram Vatekar (since deceased
through legal heirs) Tukaram Dhondiba Vatekar
(since deceased through legal heirs) Vijay Appellants /
Tukaram Vatekar and Ors. .. Applicants
Versus
Chiman Narayan Taras (since deceased through
legal heirs) Janakabai Chiman Taras and Ors. Respondents

WITH
INTERIM APPLICATION NO. 691 OF 2021
IN
SECOND APPEAL NO. 8 OF 2017

Merchant Developers, Through its Partner
Nakash Malik Merchant .. Applicant
IN THE MATTER BETWEEN
Manabai Tukaram Vatekar (since deceased
through legal heirs) Tukaram Dhondiba Vatekar
(since deceased through legal heirs) Vijay
Tukaram Vatekar and Ors. .. Appellants
Versus
Chiman Narayan Taras (since deceased through
legal heirs) Janakabai Chiman Taras and Ors. Respondents

WITH
INTERIM APPLICATION NO. 3443 OF 2023
IN
SECOND APPEAL NO. 8 OF 2017

Deepak Laxman Taras and Ors. .. Applicants
IN THE MATTER BETWEEN
Manabai Tukaram Vatekar (since deceased
through legal heirs) Tukaram Dhondiba Vatekar
(since deceased through legal heirs) Vijay
Tukaram Vatekar and Ors. .. Appellants
Versus

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Waman Narayan Taras (since deceased through
legal heirs) and Ors. Respondents

WITH
INTERIM APPLICATION (ST.) NO. 13927 OF 2025
IN
SECOND APPEAL NO. 8 OF 2017

Khandu Kisan Taras .. Applicant
IN THE MATTER BETWEEN
Manabai Tukaram Vatekar (since deceased
through legal heirs) Tukaram Dhondiba Vatekar
(since deceased through legal heirs) Vijay
Tukaram Vatekar and Ors. .. Appellants
Versus
Chiman Narayan Taras (since deceased through
legal heirs) Janakabai Chiman Taras and Ors. Respondents

WITH
SECOND APPEAL NO. 97 OF 2017
WITH
CIVIL APPLICATION NO. 238 OF 2017
IN
SECOND APPEAL NO. 97 OF 2017

Vilas Murlidhar Bhondave Appellant /
.. Applicant
Versus
Chiman Narayan Taras (since deceased through
legal heirs) Janakabai Chiman Taras and Ors. Respondents

WITH
INTERIM APPLICATION NO. 3447 OF 2023
IN
SECOND APPEAL NO. 97 OF 2017

Deepak Laxman Taras and Ors. .. Applicants
IN THE MATTER BETWEEN
Vilas Murlidhar Bhondave Appellant /
.. Applicant
Versus
Chiman Narayan Taras (since deceased through
legal heirs) Janakabai Chiman Taras and Ors. Respondents

WITH

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INTERIM APPLICATION NO. 10123 OF 2025
IN
SECOND APPEAL NO. 97 OF 2017

Khandu Kisan Taras .. Applicant
IN THE MATTER BETWEEN
Vilas Murlidhar Bhondave .. Appellant
Versus
Tukaram Dhondiba Vatkar (since deceased
through legal heirs) and Ors. Respondents

WITH
SECOND APPEAL NO. 132 OF 2017

Manabai Tukaram Vatekar (since deceased
through legal heirs) Tukaram Dhondiba Vatekar
(since deceased through legal heirs) Vijay
Tukaram Vatekar and Ors. .. Appellants
Versus
Chiman Narayan Taras (since deceased through
legal heirs) Janakabai Chiman Taras and Ors. Respondents

WITH
INTERIM APPLICATION NO. 3446 OF 2023
IN
SECOND APPEAL NO. 132 OF 2017

WITH
INTERIM APPLICATION (ST.) NO. 18161 OF 2025
IN
SECOND APPEAL NO. 132 OF 2017

Khandu Kisan Taras .. Applicant
IN THE MATTER BETWEEN
Manabai Tukaram Vatekar (since deceased .. Appellants

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through legal heirs) Tukaram Dhondiba Vatekar
(since deceased through legal heirs) Vijay
Tukaram Vatekar and Ors.
Versus
Chiman Narayan Taras (since deceased through
legal heirs) Janakabai Chiman Taras and Ors. Respondents
WITH
SECOND APPEAL NO. 546 OF 2017
WITH
CIVIL APPLICATION NO. 1028 OF 2017
IN
SECOND APPEAL NO. 546 OF 2017

Vilas Murlidhar Bhondave Appellant /
.. Applicant
Versus
Tukaram Dhondiba Vatekar (since deceased
through legal heirs) and Ors. Respondents

WITH
INTERIM APPLICATION NO. 3444 OF 2023
IN
SECOND APPEAL NO. 546 OF 2017

Deepak Laxman Taras and Ors. .. Applicants
IN THE MATTER BETWEEN
Vilas Murlidhar Bhondave .. Appellant
Versus
Tukaram Dhondiba Vatekar (since deceased
through legal heirs) and Ors. Respondents

WITH
INTERIM APPLICATION (ST.) NO. 17745 OF 2025
IN
SECOND APPEAL NO. 546 OF 2017

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legal heirs) Janakabai Chiman Taras and Ors.
.................…
 Mr. S.G. Deshmukh a/w Mr. Nikhil Dharmadhikari & Ms.
Vaishnavi Shelake i/by i/by S.P. Kanuga for Appellants in
Second Appeal No.8 of 2017 and Second Appeal No.132 of 2017
 Mr. Jitendralal P. Gorane (through VC) a/w. Mr. Atish Tayade,
Advocates i/by Mr. Pankaj Das and Mr. Vikas Shivarkar for
Respondent Nos.2A to 2D in Second Appeal No.8 of 2017
 Mr. Prathamesh Bhargude (through VC) for Applicants in eight
Interim Applications viz; Interim Application Nos.3443 of 2023;
Interim Application (St.) No.13927 of 2025; Interim Application
No.3444 of 2023; Interim Application (St.) No.17745 of 2025;
Interim Application No.3447 of 2023; Interim Application
No.10123 of 2025; Interim Application No.3446 of 2023 and
Interim Application (St.) No.18161 of 2025 and for Respondent
Nos.3, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 4, 6A, 6B, 6C, 6D, 6E and
7 in Second Appeal No.8 of 2017 and for Advocates for
Respondent Nos.3B, 3C, 3d, 3E, 3F, 3G, 3H, 4, 6A, 6B, 6C, 6D,
6E and 7 in Second Appeal No.97 of 2017 and for Respondent
Nos.3B, 3C, 3d, 3E, 3F, 3G, 3H, 4, 6A, 6B, 6C, 6D, 6E and in
Second Appeal No.132 of 2017 and for Respondent Nos.18b,
18c, 18d, 18e, 18f, 18g, 18h, 19 and 21 to 26 in Second Appeal
No.546 of 2017.
 Mr. Ajinkya Udane (through VC) for Respondent Nos.1a, 1b, 1c,
1ca, 1cb, 1cd, 1e, 1f, 1e, 1h, 1-l, 1cc(a), 1cc(b), 1cc(c), 1Da,
1Db, 1DC, 1Dd and 1De in Second Appeal No.8 of 2017 and for
Respondent Nos.1, 1a, 1b, 1c, 1ca, 1cb, 1b-a, 1b-b, 1b-c, 1b-d,
1cc-a, 1cc-b, 1cc-c, 1da, 1db, 1dc, 1dd, 1de, 1cd, 1D, 1E, 1F, 1G,
1H and 1L in Second Appeal No.97 of 2017 and for Respondent
Nos.1ca, 1cb, 1cc, 1cd, 1D, 1E, 1F, 1G, 1H, 1-I, 1cc(a), 1cc(b),
1cc(c), 1Da, 1Db, 1Dc, 1Dd and 1De in Second Appeal No.132
of 2017 and for Respondent No.6, 6a, 6b, 6c, 6d, 7, 8, 9a, 9b.
9c, 10, 11a, 11b, 11c, 11d, 11e, 12 to 16 in Second Appeal
No.546 of 2017
......…...........
CORAM : MILIND N. JADHAV, J.
(Through Video Conferencing)
DATE : JUNE 18, 2026.

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P.C.:

1. Praecipe dated 17.06.2026 is moved on behalf of Appellants in

Second Appeal Nos. 8 of 2017 and 132 of 2017 for seeking stay of the

order in Interim Applications filed for vacating the stay order decided

by this Court on 12.06.2026.

2. Heard learned Advocates appearing for the parties.

3. Order dated 12.06.2026 in present matters was pronounced

while disposing of four Interim Applications seeking vacating of the

interim relief in the present group of Second Appeals.

4. Though the said order was pronounced in open Court on

12.06.2026, Mr. Deshmukh, learned Advocate appearing for

Appellants in Second Appeal Nos. 8 of 2017 and 132 of 2017

persuaded the Court to allow him to consider the text of the order and

thereafter seek direction for stay or otherwise. Said order was

uploaded on 12.06.2026 at 15:32 Hours.

5. In view of the Praecipe dated 17.06.2026, Mr. Deshmukh

persuades me to consider stay of the effect of the order dated

12.06.2026 in order to allow the Appellants to test its legality and

validity before the Supreme Court.

6. Mr. Gorane, learned Advocates for Respondent Nos. 2A to 2D

would submit that he has a very strong objection to grant any stay to

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the order in view of Plaintiffs plea, he being apprehensive about the

rights of Respondent Nos. 2A to 2D shares being affected.

7. I have considered the submissions of Mr. Gorane but it is seen

that when the present 4 Interim Applications were fully argued, Mr.

Gorane had taken a neutral stand which is recorded in the order and

in that view of the matter, I decline to consider the request made by

Mr. Gorane.

8. Mr. Anturkar, learned Senior Advocate had appeared along with

Mr. Udane in the present matters for the parties as stated in the

appearance memo. Mr. Udane appearing today has registered his

strong objection to grant any stay to the said order. I have considered

his request also.

9. However considering the timeline in the present case and the

substantive rights of the parties before me in several properties and

the limited direction which has been given by this Court to vacate the

injunction which is not fully qualified but is further depending upon

the parties to approach the Trial Court for seeking utilization of the

subject land carved out for the purpose of vacating the injunction, the

request made by Mr. Deshmukh will have to be therefore accepted. In

that view of the matter, order dated 12.06.2026 passed in the present

matters directing vacating the interim relief qua Survey No. 73/2B

only stands stayed for a period of eight weeks from today to enable

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the Appellants to approach the Supreme Court to challenge the same.

10. This order shall be read along with order dated 12.06.2026.

11. Praecipe is allowed and disposed.

[ MILIND N. JADHAV, J. ]

Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.06.19
11:22:39 +0530

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