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Bombay High Court

RAMESHWAR BHIMRAO TALEKAR AND ANR.versusRESHMA RAJENDRA PISAL AND ORS.

Disposal
Rejected

Holding

The trial court did not err in granting the limited stay under its inherent powers, and the order is upheld.

Summary

The petitioners, who are the original defendants, challenged a stay order granted by the 2nd Joint Civil Judge Junior Division, Karmala, which protected the plaintiffs' right to appeal and barred the defendants from constructing a road until March 25, 2026. The plaintiffs had filed an application under Order XLI Rule 5(2), Order XLIII Rule 2 and Section 151 of the CPC seeking a temporary injunction and status quo. The trial court, after hearing both sides, granted a limited stay to facilitate the filing of the appeal, invoking its inherent powers. The petitioners argued that the trial court exceeded its jurisdiction and misused Section 151. The High Court, after hearing counsel, held that the stay was a protective, time‑bound measure serving the ends of justice and that no error was made by the trial court. Consequently, the petition was dismissed as being without merit.

Issues considered

  • The trial court’s jurisdiction to grant a stay under Section 151 of the CPC
  • The propriety of using inherent powers to issue a temporary injunction pending appeal
  • Whether the stay order exceeds the limits of law and is a legal error

Legislation cited

Subjects

  • temporary injunction
  • stay order
  • inherent powers
  • Section 151 CPC
  • Article 227
  • civil procedure
  • jurisdiction

Judgment

                                                                           905-WP-1217-2026 (C).doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                          CIVIL APPELLATE JURISDICTION
                                           WRIT PETITION NO. 1217 OF 2026

                                           Rameshwar Bhimrao Talekar And Anr.
                                                       VERSUS
                                             Reshma Rajendra Pisal And Ors.
                                                        ...
                        Mr. Shardul Diwan, Advocate for Petitioners.
                                                        ...
                                                  CORAM :      SACHIN S. DESHMUKH, J.
                                                  DATE     :   18th MARCH, 2026.
                        P. C. :

                        1.        The Petitioners raise an exception to the order rendered by

                        the 2nd Joint Civil Judge Junior Division, Karmala dated 4th March,

                        2026 below Exhibit 28, by which the interim protection is granted

                        till the appeal is presented and the said order will be in a vogue till

                        25th March, 2026.

                        2.        The petitioners herein are the original defendants while the

                        respondents are the original plaintiffs. The plaintiff preferred an

                        application under Order XLI, Rule 5(2), Order XLIII Rule 2 and

                        Section 151 of the Code of Civil Procedure (hereinafter referred to

                        as “CPC”) seeking temporary injunction to the effect that the

                        defendant Nos.1 and 2 i.e. Petitioners herein should not construct
           Digitally

SAJAKALI
           signed by
           SAJAKALI
           LIYAKAT
                        any road till the filing of the appeal and prayed for status quo.
LIYAKAT    JAMADAR
JAMADAR    Date:
           2026.03.25
           19:30:41
           +0530




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3.       The learned trial Court after hearing litigating sides and

considering the material on record noted that the plaintiffs had a

statutory right to present an appeal against its order and to meet the

ends of justice as well as to avoid the multiplicity of proceedings,

passed the order under challenge, thereby granting stay to its order

passed below Exhibit-5 till 25.03.2026. Raising an exception to the

same, the Petitioners/Defendants have approached this Court under

Article 227 of the Constitution of India.

4.       Learned counsel for the Petitioners submits that the order

under challenge is bad in law and that the trial Court has exceeded

its jurisdiction and wrongly exercised the inherent powers of the

Court under Section 151 of the CPC.

5.       Having heard the learned counsel for the Petitioners at length

and upon perusal of the order indicates that the trial Court without

prejudice to the parties has passed the order under challenge.

Pertinently, the stay so granted is confined only till 25.03.2026,

which would facilitate the plaintiff to file an appeal against the

order passed below Exhibit-5. Thus, the said order is a protective

measure granted to the plaintiff only till filing of the appeal and the

same is confined to a particular period and in any case is aimed to



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subserve the ends of justice. As such, the contention of the

Petitioners that the order under challenge is unsustainable cannot

be accepted.

6.       In that view of the matter, this Court finds that no error has

been committed by the concerned Court while exercising discretion

and allowing the Application.

7.       Resultantly, the Petition sans merit and the same is dismissed.



                                           [SACHIN S. DESHMUKH, J.]




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