Somnath Lingappa Ganganhalli vs Smt.Kamala Kashinath Gangnhalli ...
2021 Latest Caselaw 2721 Bom

                                                                          26 cas 1257-18



Sneha                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.                                   CIVIL APPELLATE JURISDICTION
Chavan
Digitally signed
by Sneha N.
                                         CIVIL APPLICATION NO.1257 OF 2018
Chavan
Date: 2021.02.11
                                                         IN
11:37:10 +0530                             SECOND APPEAL NO.540 OF 2018

                   Somnath Lingappa Ganganhalli                         ..Applicant
                         Vs.
                   Smt.Kamla Kshinath Ganganhalli & Ors.                ..Respondents
                                                    ----
                   Mr. Prasad Kulkarni for the Applicant.

                   Mr. Ashok Tajane for the Respondent Nos. 1 to 3.
                                                   ----
                                                 CORAM : C.V. BHADANG, J.

DATE : 10th FEBRUARY 2021

P.C.

1. This is an application for stay. The second appeal challenging

the judgment and decree passed by the First Appellate Court

directing the delivery of possession of the suit property and an

inquiry into future mesne profit has already been admitted on

08.01.2020.

2. I have heard the learned counsel for the applicant and the

learned counsel for the respondents/original decree holders. The

impugned judgment and decree which is one for delivery of

possession of immovable property, would be liable to be stayed on

Sneha Chavan page 1 of 2 26 cas 1257-18

usual conditions, particularly in view of the fact that, the second

appeal is already admitted.

3. In that view of the matter, following order is passed:

a) The execution and effect of the impugned judgment and

decree is hereby stayed, pending disposal of the appeal, subject to

the condition that the applicant shall not part with the possession of

the immovable property and shall not create any third party interest

in the same.

b) It is made clear that the inquiry into future mesne

profits can continue before the executing court.

c) Civil Application is disposed of accordingly.

C.V. BHADANG, J.

     Sneha Chavan                                                      page 2 of 2