Dinkar Vyanka Munde And Others vs Uttam Rajaram Munde And Others
2021 Latest Caselaw 6854 Bom

                                         1       907-WP .6266- 2021.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     907 WRIT PETITION NO.6266 OF 2021
                    DINKAR VYANKA MUNDE AND OTHERS
                                VERSUS
                    UTTAM RAJARAM MUNDE AND OTHERS

                                       ...
               Advocate for Petitioners : Mr. Ambad Shrinivas A.
                                       ...

                                  CORAM :    V. K. JADHAV, J.

                                  DATE :     29.04.2021

     PER COURT :-

1. I have heard the learned counsel for the petitioners /

original defendant Nos.1 to 3 for some time.

2. It appears that being aggrieved by the judgment and

decree of partition and declaration passed by the Trial Court on

08.01.2020 in Regular Civil Suit No.79 of 2009, the petitioners

herein have preferred Regular Civil Appeal No.14 of 2020.

Pending appeal, the petitioners have also submitted stay

petition Exh.5. By impugned order dated 21.01.2021, the

Principal District Judge, Beed has allowed the application with

certain directions. The learned counsel for the petitioners

submits that the Principal District Judge, Beed has directed the

2 907-WP .6266- 2021.odt

parties to the suit to maintain position which was prevailing on

the date of filing the suit. The learned counsel submits that the

petitioners are likely to loose their possession since the

respondents have already filed the execution petition. I do not

find any substance in the submissions made on behalf of the

petitioners since the learned Principal District Judge, Beed in

the impugned order dated 21.01.2021, in Clause No.3 of the

operative part of the order further directed which reads as

under :

"3. So far as determination of share of precept by the Collector, it will continue as per decree, however, stay will be there so far as delivery of actual and physical possession thereon."

3. It thus appears that the Lower Appeallate Court has

granted stay as to the delivery of actual and physical

possession.

4. In view of the same, there is no substance in the Writ

Petition. Writ Petition is hereby dismissed.

(V. K. JADHAV, J.) ...

vmk/-