Shantaram Sagu Jagdale v. Aba Sagu Jagdale Deceased Thr Ls

37-IA-10925-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10925 OF 2025 IN SECOND APPEAL NO. 455 OF 2015 Shantaram Sagu Jagdale ...

Applicant In the matter between Shri Aba Sagu Jagdale ...

Appellant Vs.

Shri Shantaram Sagu Jagdale ...

Respondents and Others Ms. Shailesh Chavan i/b. Mr. Milind Deshmukh for the Applicants.

Mr. Sachin Gawade i/b. Mr. Avinash B. Avhad for the Respondents.

CORAM : GAURI GODSE, J.

DATE :

18th APRIL 2026 ORDER :

1.

This application is filed by respondent no. 1 in the second appeal. The grievance of the applicant is that respondent no. 14 is carrying out unauthorised construction in violation of the order dated 26th February 2025. 2.

I have perused the order. By the said order second appeal is admitted and the declaration as granted in clause 3 by RAJESHWARI RAMESH PILLAI Date:

2026.04.21 11:16:50 +0530 of the operative order of the impugned judgment is stayed. RAJESHWARI RAMESH PILLAI 1/2

37-IA-10925-2025.docx The parties are directed not to create third party interest or part with possession in favour of any third party during the pendency of the second appeal. There is no order directing any of the parties not to carry out any construction. 3.

However, considering the nature of dispute and the pendency of the second appeal it is clarified that if any of the party carry out any construction, the same will be subject to the outcome of the second appeal.

4.

It is further clarified that the interim directions passed in order dated 26th February 2025 is binding upon all the parties to the second appeal. Hence, if any non-compliance is reported in future, the same shall be considered as breach of the directions issued by this court in order dated 26th February 2025.

5.

The interim application is disposed of in aforesaid terms.

[GAURI GODSE, J.] 2/2