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2023 DAILYLAW 2426 (BOM)

1 DEEPAK LAXMAN TARAS v. 1 VILAS MURLIDHAR BHONDAVE

IA/3444/2023 · 2026-06-12

Shri Milind N Jadhav

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2. IA.3443.2023 + 7 IAs.doc Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 8 OF 2017 WITH CIVIL APPLICATION NO. 20 OF 2017 IN SECOND APPEAL NO. 8 OF 2017 Manabai Tukaram Vatekar (since deceased through legal heirs) Tukaram Dhondiba Vatekar (since deceased through legal heirs) Vijay Tukaram Vatekar and Ors. .. Appellants / Applicants Versus Chiman Narayan Taras (since deceased through legal heirs) Janakabai Chiman Taras and Ors. Respondents WITH INTERIM APPLICATION NO. 691 OF 2021 IN SECOND APPEAL NO. 8 OF 2017 Merchant Developers, Through its Partner Nakash Malik Merchant .. Applicant IN THE MATTER BETWEEN Manabai Tukaram Vatekar (since deceased through legal heirs) Tukaram Dhondiba Vatekar (since deceased through legal heirs) Vijay Tukaram Vatekar and Ors. .. Appellants Versus Chiman Narayan Taras (since deceased through legal heirs) Janakabai Chiman Taras and Ors. Respondents WITH INTERIM APPLICATION NO. 3443 OF 2023 IN SECOND APPEAL NO. 8 OF 2017 Deepak Laxman Taras and Ors. .. Applicants IN THE MATTER BETWEEN Manabai Tukaram Vatekar (since deceased through legal heirs) Tukaram Dhondiba Vatekar (since deceased through legal heirs) Vijay Tukaram Vatekar and Ors. .. Appellants Versus 1 of 8 2. IA.3443.2023 + 7 IAs.doc Waman Narayan Taras (since deceased through legal heirs) and Ors. Respondents WITH INTERIM APPLICATION (ST.) NO. 13927 OF 2025 IN SECOND APPEAL NO. 8 OF 2017 Khandu Kisan Taras .. Applicant IN THE MATTER BETWEEN Manabai Tukaram Vatekar (since deceased through legal heirs) Tukaram Dhondiba Vatekar (since deceased through legal heirs) Vijay Tukaram Vatekar and Ors. .. Appellants Versus Chiman Narayan Taras (since deceased through legal heirs) Janakabai Chiman Taras and Ors. Respondents WITH SECOND APPEAL NO. 97 OF 2017 WITH CIVIL APPLICATION NO. 238 OF 2017 IN SECOND APPEAL NO. 97 OF 2017 Vilas Murlidhar Bhondave .. Appellant / Applicant Versus Chiman Narayan Taras (since deceased through legal heirs) Janakabai Chiman Taras and Ors. Respondents WITH INTERIM APPLICATION NO. 3447 OF 2023 IN SECOND APPEAL NO. 97 OF 2017 Deepak Laxman Taras and Ors. .. Applicants IN THE MATTER BETWEEN Vilas Murlidhar Bhondave .. Appellant / Applicant Versus Chiman Narayan Taras (since deceased through legal heirs) Janakabai Chiman Taras and Ors. Respondents WITH 2 of 8 2. IA.3443.2023 + 7 IAs.doc INTERIM APPLICATION NO. 10123 OF 2025 IN SECOND APPEAL NO. 97 OF 2017 Khandu Kisan Taras .. Applicant IN THE MATTER BETWEEN Vilas Murlidhar Bhondave .. Appellant Versus Tukaram Dhondiba Vatkar (since deceased through legal heirs) and Ors. Respondents WITH SECOND APPEAL NO. 132 OF 2017 Manabai Tukaram Vatekar (since deceased through legal heirs) Tukaram Dhondiba Vatekar (since deceased through legal heirs) Vijay Tukaram Vatekar and Ors. .. Appellants Versus Chiman Narayan Taras (since deceased through legal heirs) Janakabai Chiman Taras and Ors. Respondents WITH INTERIM APPLICATION NO. 3446 OF 2023 IN SECOND APPEAL NO. 132 OF 2017 Deepak Laxman Taras and Ors. .. Applicants IN THE MATTER BETWEEN Manabai Tukaram Vatekar (since deceased through legal heirs) Tukaram Dhondiba Vatekar (since deceased through legal heirs) Vijay Tukaram Vatekar and Ors. .. Appellants Versus Chiman Narayan Taras (since deceased through legal heirs) Janakabai Chiman Taras and Ors. Respondents WITH INTERIM APPLICATION (ST.) NO. 18161 OF 2025 IN SECOND APPEAL NO. 132 OF 2017 Khandu Kisan Taras .. Applicant IN THE MATTER BETWEEN Manabai Tukaram Vatekar (since deceased .. Appellants 3 of 8 2. IA.3443.2023 + 7 IAs.doc through legal heirs) Tukaram Dhondiba Vatekar (since deceased through legal heirs) Vijay Tukaram Vatekar and Ors. Versus Chiman Narayan Taras (since deceased through legal heirs) Janakabai Chiman Taras and Ors. Respondents WITH SECOND APPEAL NO. 546 OF 2017 WITH CIVIL APPLICATION NO. 1028 OF 2017 IN SECOND APPEAL NO. 546 OF 2017 Vilas Murlidhar Bhondave .. Appellant / Applicant Versus Tukaram Dhondiba Vatekar (since deceased through legal heirs) and Ors. Respondents WITH INTERIM APPLICATION NO. 3444 OF 2023 IN SECOND APPEAL NO. 546 OF 2017 Deepak Laxman Taras and Ors. .. Applicants IN THE MATTER BETWEEN Vilas Murlidhar Bhondave .. Appellant Versus Tukaram Dhondiba Vatekar (since deceased through legal heirs) and Ors. Respondents WITH INTERIM APPLICATION (ST.) NO. 17745 OF 2025 IN SECOND APPEAL NO. 546 OF 2017 Khandu Kisan Taras .. Applicant IN THE MATTER BETWEEN Manabai Tukaram Vatekar (since deceased through legal heirs) Tukaram Dhondiba Vatekar (since deceased through legal heirs) Vijay Tukaram Vatekar and Ors. .. Appellants Versus Chiman Narayan Taras (since deceased through Respondents 4 of 8 2. IA.3443.2023 + 7 IAs.doc legal heirs) Janakabai Chiman Taras and Ors. .................…  Mr. S.G. Deshmukh a/w Mr. Nikhil Dharmadhikari & Ms. Vaishnavi Shelake i/by i/by S.P. Kanuga for Appellants in Second Appeal No.8 of 2017 and Second Appeal No.132 of 2017  Mr. Jitendralal P. Gorane (through VC) a/w. Mr. Atish Tayade, Advocates i/by Mr. Pankaj Das and Mr. Vikas Shivarkar for Respondent Nos.2A to 2D in Second Appeal No.8 of 2017  Mr. Prathamesh Bhargude (through VC) for Applicants in eight Interim Applications viz; Interim Application Nos.3443 of 2023; Interim Application (St.) No.13927 of 2025; Interim Application No.3444 of 2023; Interim Application (St.) No.17745 of 2025; Interim Application No.3447 of 2023; Interim Application No.10123 of 2025; Interim Application No.3446 of 2023 and Interim Application (St.) No.18161 of 2025 and for Respondent Nos.3, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 4, 6A, 6B, 6C, 6D, 6E and 7 in Second Appeal No.8 of 2017 and for Advocates for Respondent Nos.3B, 3C, 3d, 3E, 3F, 3G, 3H, 4, 6A, 6B, 6C, 6D, 6E and 7 in Second Appeal No.97 of 2017 and for Respondent Nos.3B, 3C, 3d, 3E, 3F, 3G, 3H, 4, 6A, 6B, 6C, 6D, 6E and in Second Appeal No.132 of 2017 and for Respondent Nos.18b, 18c, 18d, 18e, 18f, 18g, 18h, 19 and 21 to 26 in Second Appeal No.546 of 2017.  Mr.  Mr. Ajinkya Udane (through VC) for Respondent Nos.1a, 1b, 1c, 1ca, 1cb, 1cd, 1e, 1f, 1e, 1h, 1-l, 1cc(a), 1cc(b), 1cc(c), 1Da, 1Db, 1DC, 1Dd and 1De in Second Appeal No.8 of 2017 and for Respondent Nos.1, 1a, 1b, 1c, 1ca, 1cb, 1b-a, 1b-b, 1b-c, 1b-d, 1cc-a, 1cc-b, 1cc-c, 1da, 1db, 1dc, 1dd, 1de, 1cd, 1D, 1E, 1F, 1G, 1H and 1L in Second Appeal No.97 of 2017 and for Respondent Nos.1ca, 1cb, 1cc, 1cd, 1D, 1E, 1F, 1G, 1H, 1-I, 1cc(a), 1cc(b), 1cc(c), 1Da, 1Db, 1Dc, 1Dd and 1De in Second Appeal No.132 of 2017 and for Respondent No.6, 6a, 6b, 6c, 6d, 7, 8, 9a, 9b. 9c, 10, 11a, 11b, 11c, 11d, 11e, 12 to 16 in Second Appeal No.546 of 2017 ......…........... CORAM : MILIND N. JADHAV, J. (Through Video Conferencing) DATE : JUNE 18, 2026. 5 of 8 2. IA.3443.2023 + 7 IAs.doc P.C.: 1. Praecipe dated 17.06.2026 is moved on behalf of Appellants in Second Appeal Nos. 8 of 2017 and 132 of 2017 for seeking stay of the order in Interim Applications filed for vacating the stay order decided by this Court on 12.06.2026. 2. Heard learned Advocates appearing for the parties. 3. Order dated 12.06.2026 in present matters was pronounced while disposing of four Interim Applications seeking vacating of the interim relief in the present group of Second Appeals. 4. Though the said order was pronounced in open Court on 12.06.2026, Mr. Deshmukh, learned Advocate appearing for Appellants in Second Appeal Nos. 8 of 2017 and 132 of 2017 persuaded the Court to allow him to consider the text of the order and thereafter seek direction for stay or otherwise. Said order was uploaded on 12.06.2026 at 15:32 Hours. 5. In view of the Praecipe dated 17.06.2026, Mr. Deshmukh persuades me to consider stay of the effect of the order dated 12.06.2026 in order to allow the Appellants to test its legality and validity before the Supreme Court. 6. Mr. Gorane, learned Advocates for Respondent Nos. 2A to 2D would submit that he has a very strong objection to grant any stay to 6 of 8 2. IA.3443.2023 + 7 IAs.doc the order in view of Plaintiffs plea, he being apprehensive about the rights of Respondent Nos. 2A to 2D shares being affected. 7. I have considered the submissions of Mr. Gorane but it is seen that when the present 4 Interim Applications were fully argued, Mr. Gorane had taken a neutral stand which is recorded in the order and in that view of the matter, I decline to consider the request made by Mr. Gorane. 8. Mr. Anturkar, learned Senior Advocate had appeared along with Mr. Udane in the present matters for the parties as stated in the appearance memo. Mr. Udane appearing today has registered his strong objection to grant any stay to the said order. I have considered his request also. 9. However considering the timeline in the present case and the substantive rights of the parties before me in several properties and the limited direction which has been given by this Court to vacate the injunction which is not fully qualified but is further depending upon the parties to approach the Trial Court for seeking utilization of the subject land carved out for the purpose of vacating the injunction, the request made by Mr. Deshmukh will have to be therefore accepted. In that view of the matter, order dated 12.06.2026 passed in the present matters directing vacating the interim relief qua Survey No. 73/2B only stands stayed for a period of eight weeks from today to enable 7 of 8 2. IA.3443.2023 + 7 IAs.doc the Appellants to approach the Supreme Court to challenge the same. 10. This order shall be read along with order dated 12.06.2026. 11. Praecipe is allowed and disposed. [ MILIND N. JADHAV, J. ] 8 of 8 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.06.19 11:22:39 +0530