1 9 wwp 7441.26.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 7441 OF 2026 Ramesh Ramchandra Lahudkar .Vs. Sau. Geetabai Ramesh Lahudkar __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr Tejas Deshpande, Advocate for the petitioner. CORAM : URMILA JOSHI PHALKE, J. DATED : 01.10.2026 The petitioner in the present petition seeking quashing and setting aside of the order dated 04.07.2026 passed below Exh.-5 i.e. application of stay in Regular Civil Appeal No.25/2025 by which the District Judge, Khamgaon has granted stay for two months instead of till final disposal of Regular Civil Appeal No.25/2025. 2. Heard learned counsel for the petitioner who submitted that on 10.01.2008 petitioner executed a Sale Deed in favour of the respondent in respect of agricultural land bearing Gat No.178, admeasuring 08 H 75 R, out of which 1 H 20 R, situated at Village Kathora, Taluka Shegaon in pursuance of the compromise arrived at between the parties in the earlier maintenance proceedings. The respondent handed over the suit property to the petitioner on lease. The petitioner continued in possession of the suit property and claims to have paid rent to the respondent from time to time. The respondent instituted Regular Civil Suit 2026:BHC-NAG:13119 2 9 wwp 7441.26.odt..odt No.11/2021 seeking permanent injunction in respect of the suit property claiming his possession over it. The respondent thereafter instituted Special Civil Suit No.57/2023 before learned Civil Judge, Senior Division, Khamgaon, seeking recovery of possession and permanent injunction in respect of the suit property. 3. The learned Civil Judge, Senior Division, Khamgaon on 06.05.2025 decreed the Special Civil Suit No.57/2023 in favour of the respondent. 4. Being aggrieved and dissatisfied with the judgment and decree dated 06.05.2025 the petitioner preferred Regular Civil Appeal No.25/2025 before learned Ad-hoc District Judge-1, Khamgaon along with the stay application. As the petitioner was having an apprehension of loosing the possession therefore, he made out the case for stay. But instead of granting stay till the disposal of the appeal the Court has granted stay for the period of two months. 5. Learned counsel for the petitioner submitted that if tomorrow after two months if the appeal is not disposed of or not heard finally, there is an apprehension of loosing the possession which is obtained by the present petitioner in view of the compromise arrived between the parties. 6. In view of that, the order passed by the learned Ad-hoc District Judge-1 Khamgaon deserves to be quashed and set aside. 3 9 wwp 7441.26.odt..odt 7. On hearing learned counsel for the petitioner, it reveals that only issue involved in the petition is that the stay was not granted by the Ad-hoc District Judge-1, Khamgaon till disposal of the appeal. Admittedly, appeal is filed in the year 2025. Therefore, the chances of the disposal of the appeal in the near future are less. Admittedly, the Ad-hoc District Judge ought to have consider the prayer of the present petitioner in the light of the merit of the case. 8. Learned counsel for the petitioner submitted that if liberty is granted to the petitioner to file afresh application for extension of stay if such occasion arises then purpose would be served. 9. After hearing him there is no difficulty in granting such liberty considering the facts of the present case as as per contention of the petitioner that, he received said property in view of the compromise. Learned Ad-hoc District Judge very well considered the merit of the matter and decide of application of extension of the stay. If for any reason appeal is not disposed of during that period liberty is granted to present petitioner to file a fresh application for extension of stay if such occasion arises. 10. With this direction, petition is disposed of. (URMILA JOSHI PHALKE, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 03/10/2026 15:05:59