Bombay High Court
Smt. Krishnadevi Mahavir Prasad Since ... vs Asha Rameshkumar Kanodia And Ors. on 2 December, 2025
Digitally 26.IA.2025.2024 .doc
signed by
ANANT
ANANT KRISHNA
KRISHNA NAIK IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAIK Date:
2025.12.03 CIVIL APPELLATE JURISDICTION
11:11:27
+0530
INTERIM APPLICATION NO. 2025 OF 2024
IN
FIRST APPEAL NO. 243 OF 2024
Smt. Krishnadevi Mahavirprasad Kanodia (Since Deceased)
Ashok Mahavirprasad Kanodia (Since deceased)
2a. Smt. Madhu Ashok Kanodia & Ors. .. Applicants/Appellants
Vs.
Asha Rameshkumar Kanodia & Ors. .. Respondents
***
Mr. Ashok Sarogi a/w. Mr. Amit Dubey and Adv. P. Rao for the Applicants/
Appellants.
Mr. Deepak Chitnis for the Respondents.
***
CORAM : M. M. SATHAYE, J.
DATED : 2nd DECEMBER 2025
P.C.:
1. This Application is filed by Appellants seeking interim stay to the impugned judgment and decree dated 22/12/2020 passed in Suit No. 9168 of 1992 (High Court Suit No. 608 of 1992) by City Civil Court, Mumbai.
2. Perusal of the impugned decree shows that the suit is decreed in terms of prayer clauses (b), (d), (e), (f) and (j).
3. For the time being, the Court is considering only stay to decree in terms of prayer clauses (f) and (j).
4. Perusal of the decree in terms of prayer clauses (f) and (j) indicates that the Appellants are directed to pay certain amounts as mentioned in said clauses. The said clauses of decree are akin to money decree.
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5. Therefore, subject to Appellants depositing in this Court, within a period of six weeks from today, the amount as directed in prayer clauses (f) and (j), the effect and implementation of decree only in terms of said prayer clauses (f) and (j) is stayed during the pendency of the Appeal.
6. So far as the prayer of stay to rest of the decree is concerned, the Respondents are at liberty to file reply within a period of three weeks from today, with its copy served upon the other side. Rejoinder, if any, to be filed within a period of three weeks thereafter with its copy served on other side.
7. Stand over to 20/01/2026 for further consideration.
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