Khanderao Murlidhar Thete And Ors vs Smt. Shakuntala Laxman Thete And ...
2022 Latest Caselaw 11266 Bom

                                                                                         22 WP 10824-22.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 10824 OF 2022

                              Khanderao Murlidhar Thete & Ors.                         ..Petitioner/s
                                           v/s.

                              Smt. Shakuntala Laxman Thete & Ors.                      ..Respondents


                              Mr. Sachin Gite for the Petitioner/s.
                              Ms. Chaitali Bhogle i/b. Satyajeet Dighe for the Respondent.

                                                        CORAM : ANUJA PRABHUDESSAI, J.

DATED : 21st OCTOBER, 2022.

P.C.

1. The Petitioner herein is the Plaintiff in Suit No.419 of 2014. The

said suit was decreed vide judgment and decree dated 2.3.2022. The

Respondent-Defendant was restrained from obstructing the possession of

the Petitioner herein in respect of the suit property. The Respondent-

Petitioner has challenged the said judgment and decree in Appeal No.53

of 2022. The learned District Judge by the impugned order dated

17.5.2022 has allowed the stay application filed by the Respondent-

Defendant and has stayed the operation, of the impugned judgment. The

learned Judge has held that various aspects relating to partition,

relinquishment, possession are involved in the dispute, and that the

observations made by the trial Court regarding possession also needs

scrutiny.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

           2022.10.21
           19:29:26 +0530



            P P SALGAONKAR                                                                              1 of 2
                                                                               22 WP 10824-22.doc

2. The learned Judge has not recorded any prima facie finding that

the Respondents are in possession of the suit property. In the absence of

such prima facie finding, the learned Judge was not justified in staying

the operation of the decree pending hearing of the appeal.

3. Hence the order dated 17.5.2022 is stayed till the next date of

hearing.

4. Stand over to 15.11.2022.

                                                       (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                            2 of 2