Bombay High Court
IA/13105/2024 of SHRI YESHWANT LAXMAN SUTAR (SINCE DECEASED) THRGH POA CHAYYA PRABHAKAR CHIKODE Vs SHRI PRABHAKAR MURLIDHAR SUTAR AND ORS on 8 October 2026
13105 - 2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13105 OF 2024 IN SECOND APPEAL NO. 618 OF 2024 Yeshwant Laxman Sutar Deceased Through Legal Heirs Chaya Prabhakar Chikode … Applicant V/s. Prabhakar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13105 OF 2024
IN
SECOND APPEAL NO. 618 OF 2024
Yeshwant Laxman Sutar
Deceased Through Legal Heirs
Chaya Prabhakar Chikode
…
Applicant
V/s.
Prabhakar Murlidhar Sutar & Ors.
…
Respondents
Mr. Govind B. Pawar for the Applicant.
Mr. Ganesh Desai with Vaishali Desai for Respondent Nos. 4
and 6.
CORAM
: ASHWIN D. BHOBE, J.
DATED
: OCTOBER 8, 2026
P.C.:
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1. Heard Mr. Govind B. Pawar, learned Advocate for the Applicant and Mr. Ganesh Desai, learned Advocate for Respondent Nos. 4 and 6.
2. Mr. Govind B. Pawar, learned Advocate for the Applicant, states that Respondent Nos. 1, 2, 3 and 5 are served in this Application. He submits that even otherwise, the Applicant is not seeking any relief as against Respondent Nos. 1, 2, 3 and 5, as the subsequent purchasers of the property are Respondent Nos. 4 and 6. He, therefore, submits that his reliefs in this Application are against Respondent Nos. 4 and 6. VRJ
3. By the present Application, the Applicant has sought the following substantive reliefs: “(a) That pending the hearing and final disposal of the above Second Appeal this Hon’ble Court may be pleased to order to stay the execution and operation of the judgment and decree dated 25.10.2023 passed by the Ld. District Judge – 2 Sangli, District: Sangli in Regular Civil Appeal No.93 of 2022.
(b) That pending the hearing and final disposal of the present Second Appeal, this Hon’ble Court by an appropriate order be pleased to restrain the Respondents, their heirs, family members, servants, agents and/or any other person/s acting on behalf of the Respondent from creating third party, rights interest in the suit property of Gat No.796 of village Rajapur, Taluka: Tasgaon, District: Sangli.”
4. Mr. Ganesh Desai, learned Advocate for Respondent Nos. 4 and 6, on instructions from Respondent Nos. 4 and 6, states that pending the Second Appeal No.618 of 2024 the Respondent Nos.4 and 6 do not have any intention of creating any third-party rights in respect of the suit property, Gat No. 796 of village Rajapur, Taluka Tasgaon, District Sangli. He states that this statement is made on specific instructions from Respondent Nos. 4 and 6 and the same be taken on record.
5. Based on the statement made by Mr. Ganesh Desai, learned Advocate for Respondent Nos. 4 and 6, Mr. Govind B. Pawar, learned Advocate for the Applicant, states that this Interim Application be disposed of.
6. Statement made by Mr. Ganesh Desai, learned Advocate for VRJ
Respondent Nos. 4 and 6, that pending Second Appeal No. 618 of 2024, Respondent Nos. 4 and 6 shall not create any third-party rights is accepted as a statement to the Court.
7. Interim Application No. 13105 of 2024 is disposed of.
(ASHWIN D. BHOBE, J.) VRJ