Sunil Balaso Chavan Deceased v. Jaysingrao Madhavrao Chavan Deceased
k 1/2 21 ia 17901.23 sa 712.23 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17901 OF 2023 IN SECOND APPEAL NO.712 OF 2023 Sunil Balaso Chavan deceased through L.Rs.
Shailaja Sunil Chavan & Ors.
....Applicants V/S Jaysingrao Madhavrao Chavan deceased through Legal Heirs Chhayatai Pralhad Bhosale & Ors.
....Respondents ...
WITH INTERIM APPLICATION NO.17903 OF 2023 IN SECOND APPEAL NO.713 OF 2023 Dattaji Govindrao Shinde & Ors.
....Appellants V/S Jaysingrao Madhavrao Chavan deceased through legal heirs Chhayatai Pralhad Bhosale & Ors.
....Respondents ...
Mr. Vineet B. Naik, Senior Advocate with Chaitanya Chavan i/b Mr. S.R. Ronghe for the Appellants/Applicants.
Mr. Atul Damle a/w Mr. Kuldeep U. Nikam for the Respondents. ...
CORAM: SANDEEP V. MARNE, J.
DATE : FEBRUARY 12, 2024.
P.C.:
Heard Mr. Naik, the learned Senior Advocate appearing for the Applicants and Mr. Damle, the learned Senior Advocate appearing for the Respondent Nos.1/1 to 1/5 (original Plaintiff). katkam 1/2
k 2/2 21 ia 17901.23 sa 712.23 as.doc The very fact that the First Appellate Court has directed Respondent Nos.1 to 20 (original Defendant Nos.1 to 8) to handover possession of the suit property in favour of the Plaintiff would indicate that the Plaintiff is not in possession of the suit property. On the contrary by virtue of various sale deeds executed in their favour on 15 June 1987, 20 June 1989, 21 July 1989, 29 June 1992 and 5 April 1995 Appellants claim possession in respect of the suit property. Since Plaintiff is admittedly not in possession of the suit property, it would be appropriate to stay the judgment and order of the First Appellate Court dated 4 September 2023. Accordingly during pendency of the Appeal the judgment and order dated 4 September 2023 passed by the District & Additional Sessions Judge-1, Sangli in Regular Civil Appeal No.53 of 2007 shall remain stayed subject to the condition that the Appellants shall not create any third party rights in respect of the suit property without the leave of the Court.
Interim Applications accordingly disposed of. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:
2024.02.14 11:13:06 +0530 SUDARSHAN RAJALINGAM KATKAM katkam 2/2