Bombay High Court

NANASAHEB YEDUBA THORAT AND ORAversusPUNJABA DAGU THORAT AND ORS

Disposal: DISPOSED OFF

Holding

The Court held that the stay application must be decided promptly and the execution of the order by Respondent No. 5 is stayed until that decision.

Summary

The petitioners filed a writ petition alleging that their appeal and accompanying stay application filed on 24‑02‑2026 before the Deputy Director of Land Records (Respondent No. 6) had not been heard, while an order from Respondent No. 5 was scheduled for execution. The petitioners sought a direction that the execution be stayed until the pending stay application is decided. The Court noted that the appeal and stay application were listed for hearing the next day and that no further orders were required except for expediting the stay decision. Accordingly, the Court directed that Respondent No. 6 decide the stay application as soon as possible and that Respondent No. 5 refrain from executing the order until such decision. The writ petition was thereafter disposed of.

Issues considered

Whether the execution of the order passed by Respondent No. 5 should be stayed pending the decision on the stay application filed by the petitioners.
Whether the Court should direct the Deputy Director of Land Records (Respondent No. 6) to decide the stay application promptly.

Subjects

stay order
execution of order
land records
writ petition
interim relief
court procedure

Judgment

2026:BHC-AUG:40204


                                                   1                         1152.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               WRIT PETITION NO. 5661 OF 2026
                           NANASAHEB YEDUBA THORAT AND ORS
                                              VERSUS
                               PUNJABA DAGU THORAT AND ORS
                                                  ...
                          Advocate for Petitioners : Mr. Shingare Keshav F.
                     Addl. GP for Respondent/s – State : Ms. Kishor S. Hoke Patil
                                                 …
                                       CORAM : MANJUSHA DESHPANDE, J.
                                       DATE : 03rd SEPTEMBER, 2026


              PER COURT :

              1.           The Petitioner has come before this Court with a limited

              grievance that the Appeal filed by the Petitioner before Respondent no. 6

              – The Deputy Director of Land Records, is not being heard and even the

              stay Application filed by him has been kept lingering which is filed along

              with his Appeal on 24.02.2026.

              2.           On the last date when the matter was listed, a request was

              made by the learned Additional Government Pleader, to take instructions

              about the stage of Appeal and the stay Application filed by the Petitioner.

              3.           Today when the matter is listed, the learned Additional

              Government Pleader appearing for the State informs that the Appeal as

              well as Application filed by the Petitioner are listed tomorrow for

              hearing.
                                       2                       1152.odt


4.             In view thereof, I do not find any orders are necessary to be

passed except that the stay Application shall be decided by Respondent

no. 6 as early as possible.

5.             Learned Advocate for the Petitioner submits that in fact, the

execution of the order passed by Respondent no. 5, is scheduled

tomorrow.

6.             In view thereof, Respondent no. 5 shall not execute the order

until the stay application is decided by Respondent no. 6.

7.             With the aforementioned directions, the Writ Petition stands

disposed of.

8.             Learned Additional Government Pleader appearing for the

State, shall communicate this order.

9.             The parties shall act upon the authenticated copy of this

order.



                                       ( MANJUSHA DESHPANDE, J. )




SPC

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