Sudhir Prabhu

Order - Status 5: srk FARAD CONTINUATION SHEET APPELLATE SIDE First Appeal No.573 of 2009 ------------------------------------------------------------ Office Notes, Office Memoranda Court's or Judge's orders of Coram, appearance, Court's orders or directions and Registrar's orders ------------------------------------------------------------ 1 Mr.Sudhir Prabhu for appellants. Mrs.A.A.Mane, AGP for resp.nos.1 and 2. CORAM: B.H.MARLAPALLE &. S.J.VAZIFDAR,JJ. April 28, 2009. P.C. learned u, the Heard Mr.Prabhu, the learned Heard the were who appellants the for counsel of No.193 ence Reference Land in claimants Judge, Civil ned learned the before 1997 The Oros. at Sindhudurg Sindl Division, Senior application : an submitted had Å‚ appellants Acquisition Land the of 18 Section under the referred to refe it was and 1894 Act, to pleased was which W Court Reference of the enhancement enhai for claim the dismiss that ground the on solely n compensation the 18 of Section er Sect under application the of the 42 days Act was filed beyond 42 days of the et was f prescribed limit. .We are, therefore, prima facie, of the view that this appeal could be decided at the admission stage itself after perusing the R. & P. .Hence Call for R. & P. in Land Reference No.193 of 1997 so as to reach the Registry before 31st May 2009. .Stand over to 9th June 2009. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.573 OF 2009 Parvati Shankar Pokhare ..Appellant. Versus The Special Land Acquisition Officer, Konkan Railway Project & Ors. ..Respondents. Mr.Sudhir Prabhu for the Appellant. Mrs.A.A. Mane, AGP for Respondent nos.1 and 2. Mrs.Kiran Bhagalia for Respondent no.3. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 11TH JUNE, 2009 P.C. :- Heard Mr.Prabhu, the learned counsel for the Appellant. Admit. Respondents waive service. By consent of the parties, the Appeal is finally heard. This Appeal filed under section 54 of the Land Acquisition Act (in short the "Act") arises from the award dated 29.1.2009 passed by the learned Civil Judge, Senior Division, Sindhudurg at Oros, thereby dismissing Land Reference No.193 of 1997. The Applicants owned agricultural land as per the following details and the same came to be acquired for the Konkan Railway Project :- Survey No. Area 238 1.47 241 44 hares 236 27.7 27.7 hares The Land Acquisition Officer passed his award on 14.11.1994 and awarded compensation at Rs.14,37,851/. As per the Claimants, they ought to have been granted the compensation of Rs.14,37,851/ at the rate of Rs.5000/- per guntha and, in addition, compensation for 35 alphonso mango trees, 391 naram trees, 60 kinjal trees, 76 cashew trees and four savar trees. Hence, they submitted an application for enhancement of compensation under section 18 of the Act, which application came to be referred to the Court and it was registered as Land Reference No.193 of 1997. The land was acquired for the Indian Railways and, therefore, in the reference application, Konkan Railway Corporation Ltd. Was impleaded as Respondent no.3. Respondent nos.1 and 2 filed written statement at Exhibit 11 and opposed the reference. Respondent no.3 filed written statement at Exhibit 42 and resisted the claim for higher compensation. It was specifically contended in the reply at Exhibit 11 that the application filed under section 18 of the Act was hit by limitation and based on this preliminary ground itself, the reference ought to be dismissed. The reference court framed the following two issues :- (1) Does the claimant/applicant prove that, compensation awarded by Special Land Acquisition Officer is inadequate, improver and unreasonable ? (2) It the claimant/applicant entitled to any additional compensation ? If so, what amount ? and answered the same in the negative and to the effect that none of the issues survived. It is pertinent to note that the reference court did not frame the issue of limitation but, surprisingly, the reference stands dismissed on the ground that the application filed under section 18 was beyond limitation. As per the reference court, the notice under section 12(2) was served on the claimants as per the report submitted by the Village Talathi on 25.3.1995, and the application under section 18 was filed on 3.7.1996. As per the scheme of section 18(2) of the Act, the application for enhancement was required to be filed within 42 days from the receipt of notice issued under section 12(2) of the Act i.e. from 25.3.1995 in the instant case and on these grounds, the reference court held that the application was hit by limitation. We have verified the record and, admittedly, the original copy of the report of the Talathi, alongwith the service proof of the notice under section 12(2) of the Act, is not traceable. The Talathi was not examined before the reference court. The claim application filed by the Claimants stated that the notice under section 12(2) was not received on 25.3.1995 but, it did not specify whether the notice was received and, if so, on what date. Even either of the Claimants do not indicate as to whether the Applicants were aware or they had implied knowledge about the award passed by the Land Acquisition Officer on 14/15.11.1994. We are therefore satisfied that none of the parties had placed on record any reliable evidence in support of the plea of limitation, within the meaning of section 18(2) of the Act and the finding recorded by the reference curt in dismissing the application is solely on the ground of the Talathi's report. It would be therefore necessary that the issue of limitation is decided de-novo and all the parties could be provided an opportunity to adduce evidence on the point of limitation. In any case, dismissal of the enhancement application on the ground of limitation is unsustainable as the reasoning set out therein is not supported from the record. The reference court was required to frame a specific issue regarding limitation so that the parties were put on notice and they would have opportunity to adduce evidence on the very specific issue of limitation. This has not been done and this is more apparent on the face of the record, inasmuch as a finding has been recorded without framing an issue. Hence, this Appeal succeeds and the same is hereby allowed partly. The impugned award passed in Land Reference No.193 of 1997 is hereby quashed and set aside and the said reference is hereby restored to the file of the learned Civil Judge, Senior Division, Sindhudurg at Oros for a de-novo trial, including the issue of limitation. All the parties are at liberty to adduce additional evidence both oral as well as documentary. The parties to appear before the reference court on 6.7.2009 and, we direct, that on remand, the enhancement application is decided as expeditiously as possible and, in any case, before 31.10.2009. R & P be returned to the reference court forthwith. Parties to bear their own costs. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.573 OF 2009 Parvati Shankar Pokhare .. Appellant versus The Special Land Acquisition Officer, Konkan Railway Project & Ors. ..Respondents Mr.Sudhir Prabhu for the Appellant. CORAM : S.A. BOBDE & S.J. KATHAWALLA,JJ. DATED : NOVEMBER 23, 2009. P.C. : Perused the letter dated 31st October, 2009 received from the Civil Judge (Senior Division) Sindhudurg-Oros. In view of the reasons stated in the letter, time for disposal of the matter is extended by a period of two months from today. (S. A. BOBDE, J.) ( S. J. KATHAWALLA, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Petitioner V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent MR.Rajdeep Gude i/by Khandeparkar And Associates For Petitioner. CORAM : R.D. DHANUKA, J DATE : 19th August, 2016 P.C. : At the request of learned advocate for the petitioners Stand over to 24/08/2016, ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 7 OF 2016 Daji Ratnu Gudekar @ Kumbhar & Ors. ….. Appellants VERSUS Vithal Krishna Gudekar @ Kumbhar since deceased through his legal heirs & Ors. ….. Respondents Mr.A.S.Khandeparkar, a/w. Mr.Prerak Sharma and Mr.Rajdeep Gude for the Appellants. CORAM : R.D. DHANUKA, J. DATE : 24th AUGUST, 2016 P.C . Issue notice before admission returnable on 26th September, 2016 . In addition to the court notice, appellants are also permitted to serve the respondents by private notice i.e. by Registered A.D., courier or Hand Delivery and shall file affidavit of service before the next date. [R.D. DHANUKA, J.]

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri Daji Ratnu Gudekar @ Kumbhar ..... Appellants (since deceased through his L.Rs.) Govind Daji Gudekar @ Kumbhar & Ors. Versus Vithhal Krishna Gudekar @ Kumbhar ..... Respondents (since deceased through his L.Rs.) Rukmini Vitthal Gudekar & Ors. Mr. Rajdeep D. Gude h/f Khandeparkar & Associates for Appellants. None for Respondents. CORAM : S.C.GUPTE, J. DATE : 5 JANUARY 2017. P.C. . Learned Counsel for the Appellants informs the Court that Appellant No.2 has expired and they have yet to take out an appropriate application for bringing his legal heirs on record. Stand over to 6 February 2017. (S.C.Gupte, J.)

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.7 OF 2016 Shri Daji Ratnu Gudekar @ Kumbhar (Since deceased through his LRS) Govind Daji Gudekar @ Kumbhar & Ors. …Appellants Versus Vithhal K. Gudekar & Kumbhar (Since deceased through his LRS) Rukmini V. Gudekar & Ors. …Respondents ….. Mr. Rajdeep Gude with Amogh Karandikar i/by Khandeparkar & Associates, Advocates for the Appellants . ….. CORAM : S.C.GUPTE, J. DATE : 10 FEBRUARY 2017 P.C. : . The learned counsel for the Appellants informs the Court that Appellant No.2 has expired and that names of legal heirs of the deceased have been made available to the Advocates for the Appellants only recently. He seeks time to take out an application for bringing legal heirs on record. To that end, the Second Appeal is stood over to 21.3.2017. 2 In the meantime, Appellants may also issue notice to Respondent Nos.6,7,9 and 11 returnable on 21.3.2017. (S.C.GUPTE, J.)

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri Daji Ratnu Gudekar @ Kumbhar, since deceased through his legal representatives 1a. Govind Daji Gudekar @ Kumbhar & Ors. ...Appellants vs. Vitthal Krishna Gudekar @ Kumbhar, since deceased through his legal heirs, 1a. Rukmini Vitthal Gudekar & Ors. ...Respondents Mr.Amogh Karandikar I/b. Khandeparkar & Associates for Appellants. CORAM : S.C. GUPTE, J. 21 MARCH 2017 P.C.: Learned Counsel for the Appellants informs the court that though notices issued to Respondent Nos.6, 7, 9 and 11 have been returned unserved, the Appellants will make one more attempt of service, since new addresses of the Respondents are now available with the Appellants. S.O. to 11 April 2017. The Appellants are also permitted to effect a private service of the second appeal and file an affidavit of service by the next date. (S.C. GUPTE, J.)

Order - Status 15: Rane (sr.9) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Second Appeal NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ...Applicants Versus Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. . ..Respondents WITH Civil Application in SA NO. 609 OF 2017 IN Second Appeal NO. 7 OF 2016 Sushma Shashikant Malevadkar ...Applicant Versus Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ...Respondents WITH Civil Application in SA NO. 610 OF 2017 IN Second Appeal NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ...Applicants Versus Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ...Respondent(s) Mr. Rajdeep Gude i/by. Khandeparkar and Associates, Advocate for the Appellants/Applicants in all Civil Applications. None for the Respondents. CORAM: N.M. JAMDAR, J DATED: 21st April, 2017. PC:- The Appellants will take necessary steps as regards the unserved Respondents within period of eight weeks from today failing which the Appeal/Applications will stand dismissed as against the unserved Respondents. Stand over to 14 July, 2017. (N.M. JAMDAR,J.)

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 7 OF 2016 WITH CIVIL APPLICATION NO. 9 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar, since deceased through LHs Govind Daji Gudekar @ Kumbhar and others … Appellants Versus Vitthal Krishna Gudekar @ Kumbhar since deceased through LHs, Rukmini Vitthal Gudekar and others … Respondents Mr. Rajdeep Gude i/b. Khandeparkar for the Appellants/Applicants. None for the Respondents. CORAM : S. J. KATHAWALLA, J. DATED : 7TH JULY, 2017 P.C.: Amendments to the Second Appeal have been carried out by the Advocate for the Appellants. Place the above Second Appeal for Admission on 27.07.2017. ( S. J.KATHAWALLA, J. )

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Appellant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent CORAM : S.J. KATHAWALLA, J DATE : 27th July, 2017 P.C. : Due to paucity of time the matter is adjourned for two weeks i.e. 10/08/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Appellant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent CORAM : S.J. KATHAWALLA, J DATE : 10th August, 2017 P.C. : Due to paucity of time the matter is adjourned for 07/09/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Appellant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent CORAM : S.J. KATHAWALLA, J DATE : 7th September, 2017 P.C. : Due to paucity of time the matter is adjourned for three weeks i.e. 28/09/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Appellant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent CORAM : S.J. KATHAWALLA, J DATE : 28th September, 2017 P.C. : Due to paucity of time the matter is adjourned for three weeks i.e. 02/11/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 28: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Appellant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent CORAM : N.M. JAMDAR, J DATE : 17th January, 2018 P.C. : On account of paucity of time the matter stand adjourned to 16/02/2018.If ad-interim relief is granted and is operative till today, the same will operate till the next date. If ad-interim relief not granted for limited period the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 30: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Appellant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent WITH CIVIL APPLICATION IN SA NO. 609 OF 2017 In SECOND APPEAL 7 OF 2016 Sushma Shashikant Malevadkar ....Applicant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent WITH CIVIL APPLICATION IN SA NO. 610 OF 2017 In SECOND APPEAL 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Applicant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent Mr S Rajpurkar i/by Khandeparkar And Associates For Appellant Mr G H Keluskar i/by Mr Sudhir Prabhu, Advocate For R.nos.1a To 1d,2a To 2f,3,4a To 4e,5, 6, 7, 9 & 10. CORAM : R.D. DHANUKA, J DATE : 16th August, 2019 P.C. : By consent, Stand Over to 19/08/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Appellant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent WITH CIVIL APPLICATION IN SA NO. 609 OF 2017 In SECOND APPEAL 7 OF 2016 Sushma Shashikant Malevadkar ....Applicant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent WITH CIVIL APPLICATION IN SA NO. 610 OF 2017 In SECOND APPEAL 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Applicant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent Mr R P Mahadik i/by Khandeparkar And Associates For Appellant CORAM : R.D. DHANUKA, J DATE : 19th August, 2019 r P.C. : At the request of learned advocate for the Appellant, Stand over to 26/08/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 34: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Appellant V/S Vithal Krishna Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....Respondent CORAM : R.D. DHANUKA, J DATE : 26th August, 2019 P.C. : Due to paucity of time, the matter is adjourned to 16/09/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 36: sa_mandawgad 4sa7-16+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 7 OF 2016 WITH CIVIL APPLICATION NO. 9 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since deceased)through LRs. and Ors. … Appellants. Versus Vithal Krishna Gudekar @ Kumbhar (since deceased) through LRs and Ors. … Respondents. Mr. Rhoit P. Mahadik i/by Khandeparkar & Associates for the Appellants. ——— ——— CORAM : SHARMILA U. DESHMUKH, J. DATE : JANUARY 18, 2024 P. C.: Stand over to 31st January, 2024. Interim relief granted earlier, if any, to continue till the next date. ( Sharmila U. Deshmukh, J.)

Order - Status 38: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.7 OF 2016 WITH CIVIL APPLICATION NO.9 OF 2016 Daji Ratnu Gudekar @ Kumbhar (Since Decd. Thr. Lrs.) and Ors. ...Appellants V/s. Vithal Krishna Gudekar & Kumbhar (Since decd. Thr. Lrs.) and Ors. ...Respondent Mr. Farhan Shaikh i/b Khandeparkar & Associates for the Appellants. Mr. Sudhir Prabhu for Respondent Nos.1A to 1D, 2A to 2F, 3, 4A to 4E, 5 and 10. CORAM : SHARMILA U. DESHMUKH, J. DATE : 31st JANUARY, 2024. P. C.:- Mr. Shaikh, learned counsel for the appellants submits that respondent Nos. 1A, 3 and 4B have expired and Interim Application will be filed for bringing on record legal heirs of the deceased. The Interim Application to be filed within one week from today. 3. Stand over to 7 th February 2024. Ad-interim relief, if any, granted earlier to continue till next date. (SHARMILA U. DESHMUKH, J.)

Order - Status 40: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.7 OF 2016 WITH CIVIL APPLICATION NO.9 OF 2016 WITH CIVIL APPLICATION NO.610 OF 2017 CIVIL APPLICATION NO.610 OF 2017 (Since Deceased) through LRs and Ors. ••• Appellants. Shri. Daji Ratnu Gudekar @ Kumbhar (Since Deceased) through LRs and Ors. … Appellants. Versus ••• Respondents. WITH CIVIL APPLICATION NO.609 OF 2017 Vithal Krishna Gudekar @ Kumbhar (Since Deceased) through LRs and Ors. ••• Applicants. Vithal Krishna Gudekar @ Kumbhar (Since Deceased) through LRs and Ors. … Applicants. Versus ••• Respondent. Mr. Rushikesh Bhagat i/by Mr.Khandeparkar & Associates for the Appellants/Applicants. ——— ——— CORAM : SHARMILA U. DESHMUKH, J. DATE : FEBRUARY 07, 2024 P. C.: Learned counsel appearing for the Appellants seeks two weeks time to bring on record the legal heirs of the deceased parties. At his request, stand over to 21st February, 2024. ( Sharmila U. Deshmukh, J.)

Order - Status 42: Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.7 OF 2016 WITH CIVIL APPLICATION NO.9 OF 2016 IN SECOND APPEAL NO.7 OF 2016 Daji Ratnu Gudekar @ Kumbhar (Since Deceased Thr. Lrs) Govind Daji Gudekar @ Kumbhar & Ors. ...Appellants/ Applicants Versus Vithal Krishna Gudekar @ Kumbhar (Since Deceased Thr. Lrs) Rukmini vitthal Gudekar & Ors. ...Respondents -------------------- Adv. Rohit P. Mahadik a/w Rushikesh G. Bhagat i/b Khandeparkar & Associates for the Appellants/Applicants. Adv. G. H. Keluskar, S. P. Prabhu for Respondent Nos. 1A to 1D, 2A to 2F, 3, 4A to 4E, 5 to 11. CORAM : SHARMILA U. DESHMUKH, J. DATE : FEBRUARY 21, 2024 P. C. : Learned counsel for the Appellants submit that the Interim Application for bringing on record the legal heirs of the deceased Respondent Nos. 1A, 3 and 4B is ready and will be filed within a period of one weed from today. If the Interim Application is not filed within a prescribed period, the Appeal to stand abated qua Respondent Nos. 1A , 3 and 4B. List the Appeal on 28th February, 2024. (SHARMILA U. DESHMUKH, J. )

Order - Status 44: sa_mandawgad 21sa7-16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.7 OF 2016 WITH CIVIL APPLICATION NO.9 OF 2016 Daji Ratnu Gudekar @ Kumbhar (since deceased) through his LRs. and Ors. … Appellants. Versus Vitthal Krishna Gudekar @ Kumbhar (since deceased) through his LRs. and Ors. … Respondents. Mr. Farhan Shaikh i/by Khandeparkar and Associates, for Appellants. Mr. Sudhir Prabhu, for the Respondent Nos.1A to 1D, 2A to 2F, 3, 4A to 4E, 5 and 6, 7, 9 and 10. ——— ——— CORAM : SHARMILA U. DESHMUKH, J. DATE : FEBRUARY 28, 2024 P. C.: This Court is informed that the Interim Application qua the deceased-Respondents have already been filed. Stand over to 13th March, 2024. ( Sharmila U. Deshmukh, J.)

Order - Status 46: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 7 OF 2016 Shri. Daji Ratnu Gudekar @ Kumbhar (since Deceased Thr. Lrs) And Ors. ....APPELLANT V/S Vithal Krishna Gudekar @ Kumbhar (since ....RESPONDENT Deceased Thr. Lrs) And Ors. CORAM : HON'BLE JUSTICE SHARMILA U. DESHMUKH J DATE : 13th March, 2024 P.C. : Due to paucity of time, stand over to 18/04/2024. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )