← Library
Bombay High CourtIA/11794/2024disposed off

Adinath Mahadev Kachare And ANR v. Maruti Ganesh Patange And ORS

2026-03-13Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

59-wp-6676-2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6676 OF 2013 WITH INTERIM APPLICATION NO.14130 OF 2023 Maruti Ganesh Patange & Ors.

.....Petitioners Vs.

Sunanda @ Dipali Dilip Bhasme & Ors. .....Respondents WITH INTERIM APPLICATION NO.11794 OF 2024 IN WRIT PETITION NO.6676 OF 2013 Adinath Mahadev Kachare & Anr.

.....Applicants In the Matter in Between :

Maruti Ganesh Patange & Ors.

.....Petitioners Vs.

Sunanda @ Dipali Dilip Bhasme & Ors. .....Respondents Mr. Vishwanath Talkute, for the Petitioners.

Mr. Mohan M. Chavan, i/b Mr. Rajaram V. Bansode, for the Applicant in IA/11794/2024.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : 13th MARCH 2026 P.C.:- 1.

In this petition, the Petitioners have challenged the order of Appellate Court granting injunction to execute the decree. The matter is pending since 2013. There is no stay. The Petitioners herein are the defendants in Regular Civil Suit No.82 of 2011. Gaikwad RD 1/2

59-wp-6676-2013.doc Though, there is no any stay, the trial Court is not proceeding further due to pendency of this petition.

2.

The counsel for the Respondents has brought to the notice of this Court that this is the third round of litigation between the parties. The execution proceedings are between the same parties and about the same properties. The suit is filed to declare that the decree in Special Civil Suit No.61 of 1967 is not binding on the suit property. The matter is pending since 2013. By order of Appellate Court, the execution is stayed.

3.

As the suit is pending due to pendency of this writ petition, the order of the Appellate Court is continued and direction is given to the Civil Court to dispose of the suit as early as possible. 4.

With these directions, the Petition stands disposed of. 5.

In view of disposal of Writ Petition, the Interim Applications shall also stand disposed of.

(MRS. VRUSHALI V. JOSHI, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2026.03.16 17:31:15 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2