Shri. Dundappa Shivaru Mahar (Since Deceased Through Lrs) Smt. Kamalabai Dundappa Baleshgol And ORS v. Smt. Sonavva W/O Bhimappa Satyanaik And ORS.

51.IA.11782.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11782 OF 2024 IN WRIT PETITION NO. 828 OF 2021 Shri Dundappa Shivaru Mahar Since Deceased Through Lrs & Ors.

...Applicants/Petitioners

Versus

SHRIKANT SHRINIVAS MALANI Smt. Sonavva w/o Bhimappa Satyanaik & Ors.

...Respondents

***  Ms. Nirmal Shelar i/b S. s. Patwardhan, for Applicants/Petitioners.  Ms. Ridima Ashok Shinde i/b Mr. Sangharsh U. Waghmare, for Respondent No.1.

 Mr. S. L. Babar, AGP for Respondent Nos.3 to 5. SHRIKANT SHRINIVAS MALANI Date: 2025.06.27 11:23:22 +0530 *** CORAM : MANISH PITALE, J.

DATE : 26th JUNE 2025.

P. C. :

1.

The petitioners have been constrained to file this application to seek further stay of proceedings before the Tahsildar. It is submitted that while granting Rule by an order dated 17th February 2021, this Court had granted interim relief in terms of prayer clause (b) and in the face of such an interim order the Tahsildar could not have entertained the application filed by respondent No.1.

2.

The learned AGP submitted that appropriate instructions could be taken in the matter, while the learned counsel appearing for respondent No.1 submitted that this Court while granting Rule had made it returnable Shrikant Malani

51.IA.11782.2024.doc after 16 weeks and therefore, on the expiry of 16 weeks, the interim relief no longer operated, due to which the respondent No.1 filed the application before Tahsildar and the Tahsildar is proceeding in the matter. 3.

The interpretation being placed on behalf of the respondent No.1 on the order dated 17th February 2021, on the basis on which the Tahsildar appears to be proceeding in the matter, is erroneous. 4.

It is made clear that interim relief in terms of prayer clause (b) granted by this Court by order dated 17th February 2021, shall continue to operate during the pendency of this petition. 5.

The application is disposed of.

(MANISH PITALE, J.) Shrikant Malani