506-IA-7561-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7561 OF 2026 IN FIRST APPEAL NO.1348 OF 2026 Moshin Salim Chunawala Applicant Versus State Of Maharashtra & Ors Respondents _______ Adv. Ernest Tuscano for the Applicant. Ms. Rashmi S. Tendulkar for the Respondent-State. _______ CORAM: AARTI SATHE, J. DATE: 24th SEPTEMBER 2026. P.C. 1. This Interim Application has been filed praying for following reliefs: (a)stay the effect, operation, execution and implementation of the impugned Judgemnt and Decree dated 1 September 2026 passed by the Hon’ble City Civil Court, Borivali Division at Dindoshi, Goregaon, Mumbai in Short Cause Suit No.458 of 2018, pending the hearing and final disposal of the present First Appeal; (b) continue the interim relief granted by this Hon’ble Court by its order dated 17 January 2026 passed in Appeal from Order No.547 of 2025 alongwith Interim Application No.12539 of 2025, restraining the Respondents, their servants, Priyanka PRIYANKA MADHAVRAO KALE Digitally signed by PRIYANKA MADHAVRAO KALE Date: 2026.09.24 19:24:51 +0530 506-IA-7561-2026.DOC subordinates, officers and agents from taking any coercive action and/or coercive steps against the Applicant for recovery of the amount purportedly due undr the Demand Notice dated 22.11.2016 issued under Section 174 of the Maharashtra Land Revenue Code, 1966, which interim relief has been continued by the learned Trial Court for a period of four weeks from the date of passing of the impugned Judgment, pending the hearing and final disposal of the present First Appeal; (c)pending the heairng and final disposal of the present Interim Application, grant ad-interim relief in terms of prayer clauses (a) and (b) above; (d) provide for the costs of the present Interim Application; and (e) pass such further and other order(s) and/or direction(s) this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case and in the interest of justice. 2. The First Appeal has been filed against the impugned Judgment and Decree dated 1st September 2026 passed by the Hon'ble City Civil Court, Borivali Division at Dindoshi (hereinafter referred to as ‘the Trial Court’) in Short Cause Suit No.458 of 2018. 3. In the Appeal from Order No.547 of 2025 challenging the Order passed on 29th March 2025 in Notice of Motion No.688 of 2018 in the said Suit, it was directed that the Appellant deposit 25% of the disputed amount in the bill Priyanka 506-IA-7561-2026.DOC dated 26th June 2015 and original demand Notice 22nd November 2016 or furnish security of an equivalent value before the Trial Court within a period of 4 weeks from the date of the said Order. 4. It is submitted on behalf of the learned counsel for the Applicant/Appellant that the said direction has been complied with and the 25% disputed amount has been deposited in the Trial Court. He has placed on record a receipt and demand draft evidencing payment of the same which is taken on record and marked 'X' for identification. 5. Considering the issues involved in the First Appeal No.1348 of 2026, the same are triable issues and also considering that the Applicant/Appellant had deposited 25% of the amount as directed, this Court is of the view that the stay to the effect, operation, execution and implementation of the impugned Judgment and Decree dated 1st September 2026, be granted. 4. Interim Application is allowed in terms of prayer clause (c) and is accordingly disposed of. No costs. (AARTI SATHE, J.) Priyanka