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Bombay High Court

NANA SANDU SONONEversusKACHRU SANDU SONONE AND OTHERS

Disposal
DISPOSED OFF

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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