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2026 DAILYLAW 11894 (BOM)

SHRAVAN JAYRAM JADHAV DIED LRS. SMT. SULOCHANA AND ORS. v. RAYAT SHIKSHAN SANSTHA AND ANOTHER

CA/5318/2023 · 2026-09-23

Civil Appealbody2026

Judgment text

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954 CA NO. 5318 OF 2023.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 954 CIVIL APPLICATION NO. 5318 OF 2023 IN SA/595/2017 Shravan Jayram Jadhav Died Lrs. Smt. Sulochana And Ors. VERSUS Rayat Shikshan Sanstha And Another ... Mr. Dighe Vithal H., Advocate for Applicant WITH SECOND APPEAL NO. 595 OF 2017WITH CIVIL APPLICATION NO. 11919 OF 2017 IN SA/595/2017 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 23.09.2026 PER COURT :- CIVIL APPLICATION NO. 5318 OF 2023 1. This is an application seeking permission to bring the legal representatives of deceased Appellant on record. 2. Heard. 3. Perused the application. For the reasons stated therein, the application is allowed in terms of prayer clause ‘A’. The appellant is directed to carry out the amendment in the title clause of the Second Appeal by bringing the legal representatives of deceased Appellant on record within a period of two weeks from today. 1 of 3 (( 2 )) 954 CA NO. 5318 OF 2023 SECOND APPEAL NO. 595 OF 2017 1. Heard. 2. Issue notice to the Respondents, returnable on 26.10.2026. 3. Call Record and Proceedings. CIVIL APPLICATION NO. 11919 OF 2017 1. Heard learned Advocate for the Applicants. 2. This is an application seeking stay to the execution and implementation of the Judgment and Decree dated 07.01.2017 passed by the learned District Judge-2, Kopargaon, in R.C.A. No.85 of 2013, whereby the Judgment and Decree dated 23.09.2013 passed by the learned 2nd Joint Civil Judge, Junior Division, Kopargaon, in R.C.S. No.29 of 1996, came to be challenged. 3. Learned Advocate for the Applicants pointed out that the Executing Court has issued a notice for execution of the impugned Judgment and Decree. He, therefore, prayed for granting ad-interim stay in terms of prayer clause ‘B’. The said notice is taken on record and marked as ‘X-1’ for identification.. 4. Perused the application as well as the Judgment and Decree dated 07.01.2017 passed by the learned District Judge-2, Kopargaon, 2 of 3 (( 3 )) 954 CA NO. 5318 OF 2023 and the Judgment and Decree dated 23.09.2013 passed by the learned trial Court. 5. Issue notice to the Respondents, returnable on 26.10.2026. 6. Considering the fact that the execution proceedings are going on, till the returnable date, there shall be an ad-interim relief in terms of prayer clause ‘B’. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3