Janabai Ashok Bhalerao And ... vs Navnath Arjun Ghusale And Otheres
2021 Latest Caselaw 14423 Bom

                                                                   38 WP 10987 21.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                          38 WRIT PETITION NO.10987 OF 2021

                    JANABAI ASHOK BHALERAO AND ANOTHER
                                        VERSUS
                     NAVNATH ARJUN GHUSALE AND OTHERES
                                           ...
                    Advocate for Petitioners : Mr. Shelke Shivaji T.

                              CORAM             : MANGESH S. PATIL, J.

                              DATE              : 04.10.2021.


PER COURT :

Heard. The petitioners are the original defendant Nos. 6 and 7 who are the subsequent purchasers impugning the judgment and order directing a general partition by metes and bounds. They preferred Regular Civil Appeal and by the application (Exh. 5) sought stay to the execution and operation of the judgment impugned in the Appeal. By the order which is challenged in this Writ Petition, the Appellate Court has rejected the application.

2. Apparently, though the petitioners are the subsequent purchasers, assuming that Section 52 of the Transfer of Property Act is applicable, the transfer in their favour would not be void but would be subject to the out come of the suit. Still, the Trial Court has not directed any adjustment of equities.

3. Issue notice to the respondents, returnable on 29.11.2021. In view of the above, operation of the impugned judgment only to the extent of actual delivery of the possession is stayed till the next date.

(MANGESH S. PATIL, J.) mkd/-