Appasaheb Suryappa Deshinge (Since Deceased Through Lrs) v. Appanna Aaba Bargale (Deceased Through Legal Heirs )

IA-13673-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13673 OF 2023 IN SECOND APPEAL NO.449 OF 2023 Appasaheb Suryappa Deshinge (Since Deceased Through Lrs) and Ors ..Applicants

VERSUS

Appanna Aaba Bargale (Since Deceased Through Legal Heirs) and Ors ..Respondents ...

Advocate for the Applicants : Mr. S.S. Patwardhan Advocate for the Respondents : Mr. Manoj A. Patil ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : NOVEMBER 06, 2025 ORDER :- 1.

Heard learned advocates appearing for respective parties. 2.

Today, this Court has admitted the second appeal on the substantial questions of law as framed. The decree of possession of 17 R of land is subject matter of appeal. Whether the decree passed by the Courts below based on the measurement map at Exhibit-130 can be sustained in law in view of the admissions given by the Cadastral Surveyor has to be adjudicated in appeal. 3.

In that view of the matter, there shall be interim relief in terms of prayer clause (B) pending appeal.

4.

The interim application stands disposed of.

(S.G. CHAPALGAONKAR, J.) Mujaheed//