Tukaram Baban Matale ... vs Dattu Sudam Matale ...
2024 Latest Caselaw 2449 Bom

Bombay High Court

Tukaram Baban Matale ... vs Dattu Sudam Matale ... on 25 January, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

2024:BHC-AS:3950-DB



           ppn                                       1             909.ia-899.24 & 17000.23.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO.899 OF 2024
                                                  IN
                                      FIRST APPEAL NO.97 OF 2024

           Bajirao Sudam Matale (deceased)
           through LRs.
           1a Smt.Chinkabai Bajirao Matale & Ors.           .. Applicants/Appellants
                 Versus
           Tukaram Baban Matale (deceased)
           through LRs.
           1a Smt. Laxmibai Tukaram Matale & Ors.                .. Respondents

                                               WITH
                                INTERIM APPLICATION NO.17000 OF 2023
                                                 IN
                                    FIRST APPEAL NO.1083 OF 2023

           Tukaram Baban Matale (deceased)
           through LRs.
           1A Smt. Laxmibai Tukaram Matale & Ors. .. Applicants/Appellants
                 Versus
           Dattu Sudam Matale (deceased)
           through LRs.
           1A Bhanudas Dnynoba Matale & Ors.           .. Respondents

                            ---
           Mr.Nilesh Wable for the applicants/appellants in FA/97/24 and for
           respondent nos.2A to 2EE, 2U, 2UU, 3, 5 to 15, 16 EE and 17 to 25.
           Mr.Sumant Deshpande for the applicants/appellants in FA/1083/23.
           Mr.Namitkumar Pansare i/by Mr.Drupad S. Patil for respondent nos.1A &
           1B.

                                      ----

                                              CORAM : A.S. CHANDURKAR &
                                                      JITENDRA JAIN, JJ.

DATE : 25th January 2024 P.C.:-

 ppn                                   2                909.ia-899.24 & 17000.23.doc


.               In both these applications, the applicants pray that the

judgment and decree passed in Special Civil Suit No.196 of 2014 be

stayed.

2. Since the plaintiffs are also aggrieved by the decree passed

by the Trial Court, insofar as determination of the respective shares are

concerned and it is submitted that no execution proceedings have been

filed, it is directed that during the pendency of the appeals, the decree as

passed shall not be executed. However, all parties to the appeals are

restrained from creating any third party rights or alienating the property

in their possession. Liberty to apply in case of any contingency.

3. Both the interim applications are disposed of accordingly.

          JITENDRA JAIN, J.                    A.S. CHANDURKAR, J.