Bombay High Court

Anis Dawood RautversusShekh Yunus Shekh Abdulla Logade

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The stay granted by the lower appellate court shall continue during the pendency of the present appeals.

Summary

The appellants filed two interim applications seeking a stay of the decree while their second appeals were pending. The lower appellate court had already stayed the decree on 15 March 2010. The High Court admitted both second appeals and ordered that the earlier stay remain in effect throughout the pendency of the present appeals. Consequently, the interim applications were disposed of, with the stay continuing. No substantive merits of the underlying disputes were addressed in this order.

Issues considered

Whether the stay of decree granted by the lower appellate court should continue during the pendency of the present second appeals

Subjects

stay of decree
second appeal
interim application
appellate jurisdiction
continuation of stay

Judgment

2026:BHC-AS:35913
             k                               1/2                     7 ia 9616.25 in sa 388.25 as.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.9616 OF 2025
                                             IN
                                SECOND APPEAL NO.388 OF 2025

             Mariyam Usman Logade & Ors.                                 ....Applicants
             IN THE MATTER BETWEEN
             Mariyam Usman Logade & Ors.                                 ....Appellants
                   V/S
             Shekh Yunus Shekh Abdulla Logade
             (since deceased through legal heirs) & Ors.                 ....Respondents

                                           WITH
                             INTERIM APPLICATION NO.9614 OF 2025
                                             IN
                                SECOND APPEAL NO.411 OF 2025
             Anis Dawood Raut                                            ....Applicant
             IN THE MATTER BETWEEN
             Anis Dawood Raut                                            ....Appellant
                   V/S
             Shekh Yunus Shekh Abdulla Logade
             (since deceased through legal heirs) & Ors.                 ....Respondents
                                             _________

             Mr. Drupad Patil a/w Ms. Srushti S. Chalke for the Appellants/Applicants
             in both matters.
             Mr. Rohit D. Joshi for Respondent Nos.1.1 to 1.7 in both matters.
                                            __________

                                       CORAM : SANDEEP V. MARNE, J.
                                       DATE : 31 AUGUST 2026.

             P.C.:

             1.       Both the Interim Applications are filed seeking stay of the decree
             during pendency of the Second Appeals. It appears that the Lower

             katkam                                Page No. 1 of 2
                         k                                2/2                          7 ia 9616.25 in sa 388.25 as.doc




                         Appellate Court had stayed the decree during pendency of the Second
                         Appeals by order dated 15 March 2010.


                         2.       The Appeals are admitted by passing a separate order today.


                         3.       In that view of the matter, the stay granted by the Appellate Court
                         shall continue during pendency of the present Appeals. Both the Interim
                         Applications are accordingly disposed of.



                                                                                  (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                  Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 02/09/2026 11:49:34

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