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2026 DAILYLAW 12019 (BOM)

DNYANESHWAR ANNA AUTI AND ANOTHER v. JAYSHREE VILAS PALANGE AND OTHERS

CA/10937/2026 · 2026-09-23

Civil Appealbody2026

Judgment text

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966 CA NO. 10937 OF 2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 966 CIVIL APPLICATION NO. 10937 OF 2026 IN SAST/27523/2026 Dnyaneshwar Anna Auti And Another VERSUS Jayshree Vilas Palange And Others ... Ms. Anjali Dube, Advocate for Applicant WITH CIVIL APPLICATION NO. 10938 OF 2026 IN SAST/27523/2026 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 23.09.2026 PER COURT :- CIVIL APPLICATION NO. 10937 OF 2026 1. Heard. 2. This is an application for condonation of delay of 5 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 5 days caused in filing the Second Appeal is condoned. 1 of 3 (( 2 )) 966 CA NO. 10937 OF 2026 SECOND APPEAL 1. Heard. 2. Issue notice to the respondents, returnable on 23.10.2026. 3. Call Record and Proceedings. CIVIL APPLICATION NO. 10938 OF 2026 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 20.03.2026 passed by the learned District Judge-2, Shrigonda District Ahmednagar in R.C.A. No.162 of 2019 and the Judgment and Decree dated 05.05.2017 passed by the learned Civil Judge, Senior Division, Shrigonda, District Ahmednagar, in R.C.S. No.134 of 2007. 3. Issue notice to the Respondents, returnable on 23.10.2026. 4. Learned Advocate for the Applicants pointed out the notice issued by the Deputy Superintendent of Land Records, Shrigonda, informing that the measurement of the suit property is to be carried out on 28.09.2026. He, therefore, prayed for granting stay to the execution of the impugned Judgment and Decree. 2 of 3 (( 3 )) 966 CA NO. 10937 OF 2026 5. Perused the application, the impugned Judgment and Decree and the Judgment and Decree of the learned Trial Court. Considering the facts and circumstances of the case, it would be proper to grant ad-interim stay to the extent of handing over possession of the suit property. Accordingly, there shall be an ad- interim stay to the extent of handing over possession of the suit property till the returnable date. It is clarified that the stay is not granted against carrying out the measurement, suggesting partition, hearing the objections to the partition, or finalising the suggested partition. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3