Bombay High Court
Smt Mariyam Usman LogadeversusShekh Yunus Shekh Abdulla Logade
- Decided
- Disposal
- Disposed Off
Holding
The stay granted by the lower appellate court shall continue during the pendency of the present appeals.
Summary
The appellants/applicants filed two interim applications (Nos. 9616 and 9614 of 2025) seeking a stay of the decree while their second appeals (Nos. 388 and 411 of 2025) were pending. The lower appellate court had already stayed the decree on 15 March 2010. The High Court, after admitting the second appeals by a separate order, considered whether the earlier stay should continue. The Court held that the stay previously granted should remain in effect for the duration of the present appeals. Consequently, both interim applications were disposed of, effectively maintaining the status quo pending the final determination of the appeals.
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
- interim application
- second appeal
- appellate jurisdiction
- decree suspension
Judgment
2026:BHC-AS:35909
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 11:48:16
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