Somnath Radhakrushna Mahale (Shimpi) v. Sau. Ujwala Sudhakar Pagar And ORS

37-wp8753-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8753 OF 2023 Somnath Radhakrushna Mahale (Shimpi) ... Petitioner V/s.

Ujwala Sudhakar Pagar & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2023.09.26 14:42:37 +0530 Mr. Pramod N. Joshi for the petitioner.

Mr. Girish Agarwal for respondent No.1.

CORAM :AMIT BORKAR, J.

DATED :SEPTEMBER 26, 2023 P.C.:

1.

The writ petition arises out of rejection of an application for stay in appeal challenging final decree arising out of partition decree in relation to house properties. The appellate Court rejected the application for stay holding that the petitioner has failed to make out prima facie case.

2.

On overall consideration of the matter, I am of the opinion that no fault can be found with the appellate Court' s order rejecting stay; however, delivery of possession in execution, if any, during pendency of the appeal shall be subject to final decision of final decree which may be passed by the superior Court. 3.

With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)