Bombay High Court

BALKRISHNA SRIPAD SARDESAIversusNARAYAN SRIPAD SARDESAI (DECEASED) AND ORS

Disposal: Allowed
Bench: VRUSHALI V JOSHI

Holding

The court restrained the parties from acting on the Commissioner’s report pending further hearing on the review petition.

Summary

The applicant, representing the estate of the deceased Narayan Shripad Sardesai, filed a review petition challenging the court's order dated 28 February 2026 that appointed a Commissioner to take measurements. The Commissioner had already completed the measurement, and the respondent waived service of notice on the review petition. The applicant sought a stay on any action based on the Commissioner’s report pending the resolution of the review. The court, noting the waiver of notice and the pending review, ordered that the parties be restrained from acting upon the Commissioner’s report until the next hearing. The matter was adjourned to 7 August 2026 for further consideration.

Issues considered

The validity of reviewing the court's order appointing a Commissioner under the Stamp Act proceedings.
Whether parties may act upon the Commissioner’s report while a review petition is pending.

Subjects

review petition
commissioner appointment
stay order
stamp act
civil appellate jurisdiction
measurement report

Judgment

                                                50-RPIA(ST)-2280-2026 (C).doc

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

          REVIEW PETITION IN IA (STAMP) NO. 2280 OF 2026
                                IN
              INTERIM APPLICATION NO. 7585 OF 2024

Narayan Shripad Sardesaid Deceased
Through Lrs. Nitin Ramchandra Sardesai           .....Applicant
      Vs.
Balkrishna Shripad Sardesai                      .....Respondent

                              WITH
          REVIEW PETITION IN IA (STAMP) NO. 2281 OF 2026
                                IN
              INTERIM APPLICATION NO. 7587 OF 2024

Narayan Shripad Sardesai Deceased
Through Lrs. Nitin Ramchandra Sardesai           .....Applicant
      Vs.
Balkrishna Shripad Sardesai                      .....Respondent

                               .....
Mr. Drupad Patil with Mr. Rugwed R. Kinkar, Advocate for Applicant
                               .....


                                CORAM: MRS. VRUSHALI V. JOSHI, J.
                                DATED: 24th JULY 2026
P.C.:-

1.       The Applicant has filed the present Review Petition challenging

the order passed by this Court on 28th February 2026 appointing a

Commissioner.




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                                              50-RPIA(ST)-2280-2026 (C).doc

2.       On 27th March 2026, notice was issued in the Review Petition.

Mr. Rane, learned counsel appearing for the Appellant, waived

service of notice.


3.       Learned counsel appearing for the Applicant submits that,

pursuant to the order dated 28 th February 2026, the Commissioner

has been appointed and the measurement has already been carried

out. Considering that the Review Petition has been filed and the

Respondent has waived service of notice, the parties are restrained

from acting upon the Commissioner's report till the next date of

hearing.


4.       Stand over to 7th August 2026.



                                  (MRS. VRUSHALI V. JOSHI, J.)




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