Bombay High Court

MADHUKAR CHINDHU WAJE AND ORSversusKAMAL BANDU SATHE

Decided: 22 July 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The court granted an interim injunction restraining any transfer, alienation or creation of third‑party interest in the suit property until the appeal is finally disposed.

Summary

In a second appeal (No. 310 of 2026) filed by Madhukar Chindhu Waje and others against Kamal Bandu Sathe, the applicants sought an interim order to prevent any transfer, alienation, or creation of third‑party interest in the suit property pending the final disposal of the appeal. The court noted that if the decree were executed before the appeal concluded, the appeal would become infructuous, and if the applicants created third‑party interests, the respondents' rights would be irretrievably prejudiced. Consequently, the court deemed it necessary to stay any disposition of the property until the appeal is finally decided. An interim injunction was therefore granted restraining both parties from dealing with the suit property in any manner that would affect third‑party rights. The application was disposed with the interim relief ordered.

Issues considered

Whether an interim injunction restraining transfer, alienation or creation of third‑party interest in the suit property should be granted pending the final disposal of the appeal.

Subjects

interim injunction
appeal
property
restraining order
civil procedure
execution of decree
third party interest

Judgment

                                                                                  3-IA-4985-2026.DOC




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO. 4985 OF 2026
                                                          IN
                                         SECOND APPEAL NO. 310 OF 2026


                      Madhukar Chindhu Waje and Ors                                   ..Applicants
                           Versus
                      Kamal Bandu Sathe                                           …Respondent


                      Mr. Sugandh Deshmukh, with Vaibhav Thorave, for the Applicants
                      Mr. Sanjeev Gorwadkar, Senior Advocate, i/b Sagar Kursija, for the
                            Respondents.

                                                   CORAM:            N. J. JAMADAR, J.
                                                   DATE :            22nd JULY 2026


                      P.C.:

                      1.      Heard the learned Counsel for the parties.

                      2.      By a separate order, this Court has framed the substantial

ARUN                  questions of law on which the Appeal is required to be heard.
RAMCHANDRA
SANKPAL

Digitally signed by
ARUN RAMCHANDRA
SANKPAL
                      3.      In the intervening period if the decree is executed, the Appeal
Date: 2026.07.24
10:46:41 +0530



                      will be rendered infructuous. At the same time, if the Applicants-

                      Appellants create third party interest in the suit property, the rights of

                      the Plaintiffs-Respondents will be irretrievably prejudiced.

                      4.      In these circumstances, there shall be an interim relief to the

                      effect that, none of the parties shall transfer, alienate or dispose of or
                      ARS                                      1/2
                                                           3-IA-4985-2026.DOC

otherwise create third party interest in the suit properties, till the final

disposal of the appeal.

5.    Application disposed.



                                             [N. J. JAMADAR, J.]




ARS                                    2/2

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