Sushilabai Bhujangrao Deshmukh Deceased Through Lrs. Tushar Raosaheb Deshmukh And ORS. v. Nanda Suresh Pawar And ORS.

2024:BHC-AUG:7671 909(B)-CA-620-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 620 OF 2022 IN SA/178/2023 SUSHILABAI BHUJANGRAO DESHMUKH DECEASED THROUGH LRS. TUSHAR RAOSAHEB DESHMUKH AND ORS.

VERSUS

NANDA SURESH PAWAR AND ORS.

....

Mr. S. V. Suryawanshi, Advocate for applicants Mr. Amol S. Sawant, Advocate for respondent No.1 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 10 APRIL 2024 PER COURT :- 1.

By the present application, the applicants/original defendant Nos. 2 to 4 pray for stay to the operation and execution of the judgment and decree dated 13.06.2018, passed by the learned District Judge-2, Sangamner, in R.C.A. No.42 of 2006 and judgment and decree dated 15.12.2005, passed by the learned Joint Civil Judge, Junior Division, Sangamner in R.C.S. No. 148 of 2002.

(( 2 )) 909(B)-CA-620-2022 2.

By the impugned judgment and decree, the learned trial Court declared that the plaintiff/respondent No.1 is having 1/16th share and the defendant Nos. 2 to 4 are having 5/16th share each in the suit property.

3.

The appeal has been admitted on the substantial questions of law. Therefore, considering the nature of claim, the impugned judgment and decree is stayed during pendency of the appeal.

4.

The civil application is accordingly disposed of. [ Y. G. KHOBRAGADE, J. ] SMS