Sharmila Arun Patil v. Shivraj Komal Singh And ORS

21-wp-13138-2025..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13138 OF 2025 Smt. Sharmila Arun Patil ...

Petitioner V/s.

Shivraj Komal Singh and Ors.

...

Respondents ------------------- Mr. Sham Thakur h/f Jayesh Joshi, for the petitioner. -------------------- VARSHA DEEPAK GAIKWAD

CORAM

:

N.J. JAMADAR, J.

DATE :

14TH OCTOBER 2025.

VARSHA DEEPAK GAIKWAD Date: 2025.10.16 18:26:49 +0530 PC:

1.

Heard the learned counsel for the petitioner. 2.

The challenge in this petition is to an order passed by the learned District Judge, Bhiwandi on 30th August 2025, whereby the learned District Judge was persuaded to stay the execution and operation of the decree to the extent of the delivery of possession of the suit property till the final disposal of the appeal. The prayer of the petitioner to issue direction to the concerned revenue authority not to enter the name of the respondent in the revenue record has been rejected.

3.

Having regard to the nature of the decree passed by the trial Court, which the petitioner has impugned before the District Court, the order of stay to the execution and operation of the decree to the extent of delivery of possession of the suit property, adequately protects the varsha

21-wp-13138-2025..doc petitioner.

4.

Nonetheless, to rule out the possibility of prejudice, the entries that might be made in the revenue record, pursuant to the decree passed by the trial Court, shall be subject to the outcome of the appeal before the learned District Judge.

5.

Petition disposed.

(N.J. JAMADAR, J) varsha