Bombay High Court
NANA SANDU SONONEversusKACHRU SANDU SONONE AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The writ petition is dismissed; the petitioner must file a private paper book within four weeks and the district judge shall endeavour to decide the appeal within five months thereafter.
Summary
The petitioners, Nana Sandu Sonone, challenged an order dated 24‑11‑2025 by the Adhoc District Judge‑1, Jalna, which stayed the execution of a partition decree dated 09‑05‑2025. The decree arose from a partition suit filed in 2015 and was finally decided in 2025. Several original defendants have filed an appeal against the partition decree, and the petitioners argued that the stay should continue until the appeal is decided. The High Court noted that while the district judge had valid reasons to grant a stay pending the appeal, the matter required the parties to cooperate for a speedy disposal, and the petitioner was directed to file a private paper book of pleadings and oral evidence. The Court dismissed the writ petition, ordered the petitioner to file the paper book within four weeks, and directed the district judge to decide the appeal within five months of its filing.
Issues considered
- The appropriateness of continuing the stay of execution of the partition decree while the appeal is pending
Subjects
- partition decree
- stay of execution
- appeal pending
- private paper book
- civil procedure
Judgment
2026:BHC-AUG:9332
74-wp-2255-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2255 OF 2026
Nana Sandu Sonone
VERSUS
Kachru Sandu Sonone And Others
...
Advocate for the Petitioner : Mr. Mane Dhananjay A
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : MARCH 04, 2026
PER COURT :-
1. Present petition takes exception to order dated
24.11.2025 passed by Adhoc District Judge-1, Jalna in R.C.A. No.72
of 2025 below Exhibit-8, thereby granting stay to execution of
partition decree dated 09.05.2025 passed in R.C.S. No.122 of 2015.
2. Apparently, original defendant nos.1, 5 to 7 in suit have
filed appeal raising challenge to decree of partition. The appeal will
have to be adjudicated on merit. As long as appeal is pending, decree
needs to be stayed. The learned District Judge has recorded sufficient
reasons for grant of stay to decree under appeal. However, fact
remains that suit was instituted in the year 2015, which has been
decided in the year 2025. If parties to proceeding co-operate for
disposal of appeal, the learned District Judge can endeavour to
dispose it within a shortest period.
74-wp-2255-2026.odt
(2)
3. Learned advocate appearing for petitioner undertakes to
file private paper book. In that view of matter, following order can be
passed :
ORDER
(I) Writ Petition stands rejected.
(II) The petitioner shall file private paper book containing pleadings
and oral evidence of parties within a period of four weeks from today.
Once, such paper book is filed, learned District Judge shall endeavor
to decide appeal within five months thereafter.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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