Sunil Sopan Hagawane ( Deced. By His ... vs Kusum Murlidhar Hagawane And Ors.
2025 Latest Caselaw 4338 Bom

Bombay High Court

Sunil Sopan Hagawane ( Deced. By His ... vs Kusum Murlidhar Hagawane And Ors. on 25 August, 2025

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

  2025:BHC-AS:36432                                                      20 CAS 894.22 IN SA 360.11.DOC




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                           CIVIL APPLICATION NO.894 OF 2011
                                                          IN
                                            SECOND APPEAL NO.360 OF 2011

                       Sunil Sopan Hagawane (Deceased)                               ...Applicant
                       by his legal heirs Smt. Pushpa Sunil
BHALCHANDRA
GOPAL DUSANE           Hagawane & Ors.
                              Versus
Digitally signed by    Smt. Kusum Murlidhar Hagawane & Ors.                          ...Respondents
BHALCHANDRA
GOPAL DUSANE
Date: 2025.08.25
19:45:06 +0530
                       Mr. Kuldeep Patil a/w Ms. Sanika Joshi, Advocate for Applicant.
                       Mr. B.K. Barve a/w Mr. Sandip Barve, Ms. Shital Tanpure, Ms.
                       Diksha Gaikwad i/by B.K. Barve & Co. for Respondents.


                                                     CORAM:     MADHAV J. JAMDAR, J.

                                                     DATED :    25th August 2025
                       P.C.:

1. A learned Single Judge by Order dated 24 th December 2013

admitted the Second Appeal on the substantial question of law

framed therein.

2. By another Order dated 24th December 2013 passed in Civil

Application No.894 of 2011, the execution of Judgment and

Decree dated 22nd February 2011 passed by the learned District

Judge-12, Pune in Civil Appeal No. 318 of 2000 has been stayed.

Dusane

20 CAS 894.22 IN SA 360.11.DOC

3. Accordingly, as the stay is in operation for last about 12

years, the Civil Application No.894 of 2011 is allowed in terms of

Order dated 24th December 2013 passed by a learned Single Judge.

4. In addition to that, it is further directed that the parties shall

not create any third party interest in respect of the suit properties

till the disposal of the Second Appeal.

5. The Civil Application is disposed of in above terms with no

order as to cost.

6. As the Second Appeal is of the year 2011, add the Second

Appeal in the final hearing board commencing from 22nd

September 2025.

(MADHAV J. JAMDAR, J.)

Dusane