Mr. Suresh Sukhdev Pardeshi And ANR. v. Mr. Govind B. Bhagat Since Deceased Thr Lrs 1.1 Maina Govind Bhagat To 1.3 And ANR.

2026:BHC-AS:16936 Sayyed 43-IA.2350.2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2350 OF 2026 IN FIRST APPEAL NO.1331 OF 2018 Suresh Sukhdev Pardeshi & Anr.

...Applicants/Appellants

Versus

Gobind B. Bhagat since deceased through legal heirs 1(a) Maina Gobind Bhagat & Anr.

...Respondents

_____________________________________________________ Mr. Deepak Shukla a/w Mr. Praveen Maurya i/by Mr. Yash Tiwari for the Appellants/Appellants.

Mr. Siddharth Joshi a/w Mr. Yash Balle i/by Mr. Vijay Dhingreja for Respondent No.1.

Mr. Deepak S. Bhalerao, Second Assistant to Court Receiver present. _____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATE :

9 APRIL 2026 P.C.:

1.

This application is made for seeking stay of the order dated 6 February 2018 passed by the City Civil Court and further to allow the appellants-applicants to deposit all arrears in six installment with the office of the Court Receiver.

2.

Insofar as the first prayer for stay of the order dated 6 February 2018 is concerned, this Court on 10 February 2026 had already passed an order giving reasons for refusing stay of the impugned order. Therefore, the present prayer may will amount to revisiting the order of refusal already passed, which this Court in the present interim application cannot revisit. Therefore, the said prayer is rejected.

Sayyed 43-IA.2350.2026.doc 3.

Insofar as the second prayer for deposit of arrears is concerned, this Court on 10 February 2026 rejected the stay application on the ground that earlier amount directed were not deposited inspite of letters sent by the Court Receiver. Therefore, any consideration of the new prayer of the applicants permitting them to deposit the arrears will amount to modification of order dated 10 February 2026, which cannot be done in the interim application. It is also important to note that this submission was not even made when the order dated 10 February 2026 was passed.

4.

If, at all the applicants are aggrieved by the order dated 10 February 2026, then the remedy lies somewhere else and not in filing the present application.

5.

In view of above, Interim Application No.2350 of 2026 is dismissed.

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 09/04/2026 18:06:34