Bajirao Sudam Matale (Dec.)Thr.Lrs.1.1)Chinkabai Bajirao Matale And ORS. v. Tukaram Baban Matale(Dec.)Thr.Lrs.1.1)Laxmibai Tukaram Matale And ORS.
ppn 1 909.ia-899.24 & 17000.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION PRACHI PRANESH NANDIWADEKAR Date: 2024.01.25 18:29:35 +0530 PRACHI PRANESH NANDIWADEKAR INTERIM APPLICATION NO.899 OF 2024 IN FIRST APPEAL NO.97 OF 2024 Bajirao Sudam Matale (deceased) through LRs.
1a Smt.Chinkabai Bajirao Matale & Ors. .. Applicants/Appellants
Versus
Tukaram Baban Matale (deceased) through LRs.
1a Smt. Laxmibai Tukaram Matale & Ors.
.. Respondents WITH INTERIM APPLICATION NO.17000 OF 2023 IN FIRST APPEAL NO.1083 OF 2023 Tukaram Baban Matale (deceased) through LRs.
1A Smt. Laxmibai Tukaram Matale & Ors. .. Applicants/Appellants
Versus
Dattu Sudam Matale (deceased) through LRs.
1A Bhanudas Dnynoba Matale & Ors.
.. Respondents --- Mr.Nilesh Wable for the applicants/appellants in FA/97/24 and for respondent nos.2A to 2EE, 2U, 2UU, 3, 5 to 15, 16 EE and 17 to 25. Mr.Sumant Deshpande for the applicants/appellants in FA/1083/23. Mr.Namitkumar Pansare i/by Mr.Drupad S. Patil for respondent nos.1A & 1B.
---- CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ.
DATE : 25th January 2024 P.C.:-
ppn 2 909.ia-899.24 & 17000.23.doc .
In both these applications, the applicants pray that the judgment and decree passed in Special Civil Suit No.196 of 2014 be stayed.
2.
Since the plaintiffs are also aggrieved by the decree passed by the Trial Court, insofar as determination of the respective shares are concerned and it is submitted that no execution proceedings have been filed, it is directed that during the pendency of the appeals, the decree as passed shall not be executed. However, all parties to the appeals are restrained from creating any third party rights or alienating the property in their possession. Liberty to apply in case of any contingency. 3.
Both the interim applications are disposed of accordingly. JITENDRA JAIN, J.
A.S. CHANDURKAR, J.