Mohammad Abdul Shaikh Died Thr Lrs Adam Mohammad Shaikh and ors v. Dagdu Nagnath Kasar
CA/9620/2025 · 2026-08-28
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 4369 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4369 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1003 CA NO. 9621 OF 2025.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 1003 CIVIL APPLICATION NO. 9621 OF 2025 IN SAST/26742/2025 Mohammad Abdul Shaikh Died Thr Lrs Adam Mohammad Shaikh And Ors VERSUS Dagdu Nagnath Kasara ... Mr. Urgunde Suhas Parvatappa, Advocate for Applicants WITH CIVIL APPLICATION NO. 9620 OF 2025 IN SAST/26742/2025 CORAM : SANJAY A. DESHMUKH, J.
DATE : 28.08.2026 PER COURT :- CIVIL APPLICATION NO. 9620 OF 2025 IN SAST/26742/2025
1. Heard learned Advocate for the Appellants.
2. This is an application for condonation of delay of 47 days caused in filing the Second Appeal.
3. Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence the following order: ::ORDER:: a. Civil Application is allowed. b. The delay of 47 days caused in filing the Second Appeal is condoned. 1 of 2
(( 2 )) 1003 CA NO. 9621 OF 2025 SECOND APPEAL
1. Issue notice to the respondent, returnable on 24.09.2026.
CIVIL APPLICATION NO. 9621 OF 2025 IN SAST/26742/2025
1. This application is filed seeking stay to the execution of the impugned Judgment and Decree dated 12.09.2022 passed by the learned District Judge-2, Osmanabad in Regular Civil Appeal No.166 of 2015.
2. Learned Advocate for the Applicants pointed out the daily status of the execution proceedings in Regular Darkhast No.26 of 2023, wherein an application has been moved for issuance of warrant, and the matter is posted for hearing on 29.08.2026 before the learned 5th Joint Civil Judge, Junior Division, Osmanabad/Dharashiv.
3. In view of the above, issue notice to the Respondent as to why stay shall not be granted. Notice be made returnable on
24.09.2026. In the meantime, there shall be stay to the execution of the impugned Judgment and Decree to the extent of taking possession of the suit premises, till the appearance of the Respondent and filing of his say.
[ SANJAY A. DESHMUKH, J. ] HRJadhav 2 of 2