Shri Baban Kisan Gawade And Others. vs. Shri. Kashinath Sayaji Gawade(D/H) 1a) Prakash Kashinath Gawade& Ors.

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 142 OF 1998 WITH CIVIL APPLICATION NO.144 OF 2018 WITH CIVIL APPLICATION NO.145 OF 2018 WITH CIVIL APPLICATION NO.10845 OF 1998 IN SECOND APPEAL NO. 142 OF 1998 Baban Kisan Gawade And Ors. … Appellants Versus Kashinath Sayaji Gawade And Anr. … Respondents ..... ….. None for the Appellants. Mr. Sushant Prabhune, for the Respondents. CORAM : PRITHVIRAJ K. CHAVAN, J. DATED : 5th JULY, 2024. P.C. The matter was kept back at the request of learned Counsel for the appellant, however, none present. 2 Kept back till 2:30 p.m. At 2:30 p.m. 3 Despite keeping back the matter twice, none present. 4 List under the caption "For Dismissal" on 12th July, 2024. [PRITHVIRAJ K. CHAVAN, J.]

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 142 OF 1998 Shri Baban Kisan Gawade And Others. ....APPELLANT V/S Shri Kashinath Sayaji Gawade And Anr. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 145 OF 2018 In Second Appeal 142 OF 1998 Shri Baban Kisan Gawade And Others. ....APPLICANT V/S Shri Kashinath Sayaji Gawade And Anr. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 144 OF 2018 In Second Appeal 142 OF 1998 Shri Baban Kisan Gawade And Others. ....APPLICANT V/S Shri. Kashinath Sayaji Gawade(d/h) 1a) Prakash Kashinath Gawade And Ors. ....RESPONDENT WITH CIVIL APPLICATION NO. 10845 OF 1998 In Second Appeal 142 OF 1998 Shri Baban Kisan Gawade And Ors. APPLICANT V/S Shri Kashinath S.gawade And Anr. RESPONDENT CORAM : HON'BLE SHRI JUSTICE PRITHVIRAJ K. CHAVAN J DATE : 12th July, 2024 P.C. : Due to paucity of time, stand over to 26/07/2024. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 142 OF 1998 WITH CIVIL APPLICATION NO.145 OF 2018 WITH CIVIL APPLICATION NO.144 OF 2018 WITH CIVIL APPLICATION NO.10845 OF 1998 Shri Baban Kisan Gawade And Others. .. Appellants v/s. Shri Kashinath Sayaji Gawade And Anr. .. Respondents Mr. Amol Ghuge i/b. Mr. S.V.Pitre for the Appellants. Ms. Mamta Pandey i/b. Mr. Sushant Prabhune for the Respondents. CORAM : SHYAM C. CHANDAK, J. DATE : 6th SEPTEMBER, 2024. P.C. : . Mr. Ghuge learned Advocate i/b. Advocate Mr. Pitre for the Appellants seeks time as the Advocate on record is unwell and states that, two days back a leave note is filed to that effect. In view of the said statement, stand over to 20th September 2024 . JYOTI RAJESH MANE 19:01:30 +0530 MANE If none appears for Appellants on the next date, the Appeal shall stand dismissed, without further reference to the Court. Digitally signed by JYOTI RAJESH Date: 2024.09.09 (SHYAM C. CHANDAK, J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 142 OF 1998 Shri Baban Kisan Gawade And Others. ....APPELLANT V/S Shri Kashinath Sayaji Gawade And Anr. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 145 OF 2018 In Second Appeal 142 OF 1998 Shri Baban Kisan Gawade And Others. ....APPLICANT V/S Shri Kashinath Sayaji Gawade And Anr. ....RESPONDENT WITH CIVIL APPLICATION IN SA NO. 144 OF 2018 In Second Appeal 142 OF 1998 Shri Baban Kisan Gawade And Others. ....APPLICANT V/S Shri. Kashinath Sayaji Gawade(d/h) 1a) Prakash Kashinath Gawade And Ors. ....RESPONDENT WITH CIVIL APPLICATION NO. 10845 OF 1998 In Second Appeal 142 OF 1998 Shri Baban Kisan Gawade And Ors. ....APPLICANT V/S Shri Kashinath S.gawade And Anr. ....RESPONDENT CORAM : HON'BLE MS. JUSTICE GAURI GODSE J DATE : 29th November, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time.Stand Over to 03/03/2025 If any ad-interim / interim relief is operating till today, the same shall continue to operate till the next date. If ad-interim/ interim relief is granted not for a limited period, the same shall remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: 8.142.98 sa.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 142 OF 1998 WITH CIVIL APPLICATION NO. 145 OF 2018 CIVIL APPLICATION NO. 144 OF 2018 CIVIL APPLICATION NO. 10845 OF 1998 IN SECOND APPEAL NO. 142 OF 1998 Shri Baban Kisan Gawade and Ors .....Appellants Vs. Shri Kashinath Sayaji Gawade and anr .....Respondents Mr. S. V. Pitre for the appellants Mr. Sushant Prabhune for the respondents CORAM : GAURI GODSE, J. DATE : 6 th JANUARY 2025 ORDER: Copy of the rejoinder affidavit on behalf of the appellants is taken on record. Learned counsel for the appellants seeks time to file an additional affidavit explaining the statement made by the appellants in paragraph 4 of the application. Iresh IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.01.09 09:53:13 +0530 Stand over to 29 th January 2025. To be listed under the caption for 'Directions'. [GAURI GODSE, J.]

Order - Status 15: MJ Jadhav MANGALTAI JAYWANT Digitally JADHAV 14:11:59 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 142 OF 1998 WITH CIVIL APPLICATION NO. 145 OF 2018 WITH CIVIL APPLICATION NO. 144 OF 2018 WITH CIVIL APPLICATION NO. 10845 OF 1998 IN SECOND APPEAL NO. 142 OF 1998 Baban Kisan Gawade and Ors. … Appellants vs. Kashinath Sayaji Gawade and Anr. … Respondents Mr. Shirish Pitre a/w Amol Ghuge for the Appellants. Mr. Sushant Prabhune for the Respondents. CORAM : GAURI GODSE, J. DATED : 29th JANUARY 2025 ORDER: CIVIL APPLICATION NO. 145 OF 2018 : This application is for bringing on record names of heirs and legal representatives of deceased respondent no.2. There is a delay of around 10 years in filing the application. The applicants had contended in the application that they were unaware about the death of respondent no.2. The said statement was objected by the heirs and legal representatives of deceased respondent no.2 on the ground that the appellants had filed proceedings before the learned Tahsildar by adding the heirs and legal representatives of deceased respondent no.2. Hence, condonation of delay was objected on the ground that false statement was made in the application. In response to the said objection, learned counsel for the appellants has tendered an affidavit in rejoinder and an additional affidavit. By way of the said affidavits, appellants tendered unconditional apology for making an incorrect statement and not intimating their advocate regarding the death of respondent no.2. The affidavit further states that the appellants are ready to pay cost of Rs.15,000/- to the heirs and legal representatives of respondent no.2. The affidavit in rejoinder and the additional affidavit are taken on record. In view of the explanation in the affidavits, the unconditional apology in the affidavits is accepted. In view of the aforesaid facts and circumstances, delay is condoned and the application is allowed in terms of prayer clause (b), (c) and (d), subject to the appellants making payment of cost of Rs.15,000/- to the heirs and legal representatives of deceased respondent no.2 within two weeks from today. The amount of cost for the heirs and legal representatives of deceased respondent no.2 be handed over to the learned advocate for respondent nos.2A to 2C. 2 of 4 Amendment to be carried out within four weeks from today. CIVIL APPLICATION NO. 144 OF 2018 : This application is for bringing on record names of heirs and legal representatives of deceased respondent no.1. There is a delay of around 12 years in filing the application. The applicants had contended in the application that they were unaware about the death of respondent no.1. The said statement was objected by the heirs and legal representatives of deceased respondent no.1 on the ground that the appellants had filed proceedings before the learned Tahsildar by adding the heirs and legal representatives of deceased respondent no.1. Hence, condonation of delay was objected on the ground that false statement was made in the application. In response to the said objection, learned counsel for the appellants has tendered an affidavit in rejoinder and an additional affidavit. By way of the said affidavits, appellants tendered unconditional apology for making an incorrect statement and not intimating their advocate the regarding the of respondent no.1. The affidavit further states that the appellants are ready to pay cost of Rs.15,000/- to the heirs and legal representatives of respondent no.1. The affidavit in rejoinder and the additional affidavit are taken 31-SA-142-1998.doc on record. In view of the explanation in the affidavits, the unconditional apology in the affidavits is accepted. In view of the aforesaid facts and circumstances, delay is condoned and the application is allowed in terms of prayer clause (b), (c) and (d), subject to the appellants making payment of cost of Rs.15,000/- to the heirs and legal representatives of deceased respondent no.1 within two weeks from today. The amount of cost for the heirs and legal representatives of deceased respondent no.1 be handed over to the learned advocate for respondent nos.1A to 1C. Amendment to be carried out within four weeks from today. SECOND APPEAL NO. 142 OF 1998 : Learned counsel for the appellants submits that he would file a private paper book within four weeks with an advance copy to the learned advocate for the respondents. Office remark indicates that record and proceedings is received. After the paper book is filed, office is directed to add the second appeal to weekly final hearing board.