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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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