Shri.Prabhakar Dattatray Kshirsagar v. Shri.Ramakant Dattatray Kshirsagar And Others

18_cas_799_2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.799 OF 2019 IN SECOND APPEAL NO.364 OF 2019 Prabhakar Dattatray Kshirsagar since deceased through his legal heirs (i) Sanjay Prabhakar Kshirsagar and Ors.

...Applicants

Versus

Ramakant Dattatray Kshirsagar since deceased through his legal heirs and Respresentatives - (1A) Mrs. Aparna Mahesh Habade and Ors.

...Respondents

....

Dr. Ranjit Thorat, Senior Advocate with Mr. Balasaheb R. Deshmukh for the Appellants/Applicants.

Mr. Shriram Kulkarni for Respondent Nos.1A to 1C. Mr. S.R. Nargolkar i/b. Mr. Aunkar Joshi for Respondent Nos.2A and 3 to 5.

CORAM : SANDEEP V. MARNE, J.

DATED : 22 APRIL 2024.

P.C.:- 1.

The Second Appeal is admitted by formulating substantial questions of law.

2.

By this application, the Applicants press for stay of the Digitally signed by MEGHA SHREEDHAR PARAB Date:

2024.04.24 16:52:40 +0530 Decree of the frst Appellate Court during pendency of the MEGHA SHREEDHAR PARAB Appeal. It appears that defence of Appellant/Defendant No.1 is Megha 1/2

18_cas_799_2019 previous partition efected at the time of implementation of consolidation scheme, under Which Plaintif and Defendant No.1 are owning and possessing separate shares of suit properties. 3.

In that view of the matter, parties shall maintain status-quo in respect of the land in their respective possession and shall not create any third party rights in respect of the suit property. Since the frst Appellate Court has passed a preliminary decree for partition, the process of determining shares of the parties shall go on. However, possession of the parties shall not be disturbed towards execution of Decrees. 4.

Interim application stands disposed of.

SANDEEP V. MARNE, J.

Megha 2/2