All Civil Suit

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.1021 OF 2014 IN SECOND APPEAL NO.450 OF 2014 Smt. Bhagirathi Haribhau Yadav & Ors. ...Applicants V/s. Shri Dnyaneshwar Vishnu Kate & Ors. ...Respondents Mr. R.B. Raghuvanshi i/b. Miss Rutuja Ambekar for the Applicants. Mr. S.G. Kudle for Respondent No.10. CORAM : A.B. CHAUDHARI, J. DATED : OCTOBER 08, 2014. P.C. : 1 Heard the learned counsel for the rival parities. 2 For the present, the controversy is only about Survey No.119/2/B. I quote paragraph 42 from the judgment of the lower appellate Court which reads thus : " From this purpose entries in 7/12 extract of land survey no.119 at Exh.265 for the year 194344 is also material to consider. This entry shows that land was acquired by military and Mahadu and Vishnu had taken the land for cultivation from military. Anyhow one thing is clear that land gat no.119 was acquired by the government and Mahadu and heirs of Vishnu had received that compensation as per their respective shares. If this is the position then it has to be said that tenancy rights of the family came to an end and land gat no.119 became the property of the government." 3 The observation made in paragraph 41 and paragraph 42 shows that the land had vested in the Government in its military department. The finding is based on the basis of mutation entries but there it is not clear as contended by Mr. Kudale nor it is substantiated by the documentary evidence that the Government had released the land after it had vested in it. The parties are at liberty to place the documents of release, if any, on record, since Second Appeal No.450 of 2014 is admitted for final hearing. However, looking at the finding in paragraph 42 as above, it appears prima facie that neither the appellant nor the respondent would be able to claim any right to go ahead with the construction on the said land or as the case may be without hearing the concerned Government. Hence I make the following order : ORDER i) The appellant to join the concerned Government as a party to the present Civil Application as well as Second Appeal and effect service before the next date. ii) Issue notice to the newly added party in both Second Appeal as well as Civil Application, returnable after vacation for hearing on this application. iii) Till the decision of the application finally the earlier order granting statusquo shall continue in operation. iv) S.O. for 6 weeks. (A. B. CHAUDHARI, J.) waghmare.

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No.1021 OF 2014 IN SECOND APPEAL NO.450 OF 2014 Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr.Ratnesh Dube i/b Ms.Rutuja Ambekar for the applicants Mr.S.G.Kudle for the respondent No.10. CORAM : K.K.TATED, J. DATED : 26/11/2014 PC : 1 Heard the learned counsel for the parties. 2 Liberty granted to the respondents to file their additional AffidavitinReply and serve copy on the other side. 3 Liberty granted to the applicants to file reply to the said affidavit, if they so desire and serve copy on the other side on or before the next date. 4 Stand over for two weeks. 5 Interim protection, if any, granted earlier to continue till next date. (K.K.TATED, J.)

Order - Status 12: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO. 1021 OF 2014 IN SECOND APPEAL NO. 450 OF 2014 Office Notes, Office Court's or Judge's orders Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Mr. Ratnesh Dube i/b Rutuja Ambekar for the applicant. Mr. S.G. Kudle for respondent no.10. CORAM : K. K. TATED, J. DATED : 15/12/2014. P.C.: . Not on board. At the request of Advocate for the respondent no.10, matter is taken on board for urgent orders. 2 Liberty granted to the applicant to serve unserved respondent by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect. 3 Matter to appear on board on 23.12.2014. (K.K.TATED, J.)

Order - Status 14: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO. 1021 OF 2014 IN SECOND APPEAL NO. 450 OF 2014 Office Notes, Office Court's or Judge's orders r Jud ge's or ders Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Mr. R.P. Mr. R.P. Raghuvanshi i/b R.A. Ambekar for the i/b R.A. Ambekar for the applicant. Mr. S.G. Kudle for the respondent no.10. Ms. Jyotsna Pandi & P.S. Gujar for Union of India. CORAM : K. K. TATED, J. DATED : 23/12/2014. P.C.: . Heard learned Counsel for the parties. 2 The learned counsel for the appellant submits that Appellant no.1 Smt. Bhagirathi Haribhau Yadav expired yesterday i.e. 22.12.2014. Hence, he requires some time to take appropriate steps for bringing her legal heirs on record. 3 On his request, matter adjourned to 19.01.2015. 4 Interim protection, if any, granted earlier to continue till next date. (K.K.TATED, J.)

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1021 OF 2014 IN SECOND APPEAL NO. 450 OF 2014 Smt. Bhagirathi Haribhau Yadav and Ors. Applicants : V/S : Dnyaneshwar Vishnu Kate and Ors. Respondents * * * * * Mr. R.B. Raghuvanshi a/w. Mr. Ratnesh Dube i/by. Ms. Rutuja Ambekar, Advocate for the applicants. Mr. S.G. Kudle, Advocate for respondent no.10. Mrs. Jyotsna Pandhi with Mr. P.S. Gujar, Advocate for respondents no.21 to 25. Mr. Rajan Pawar, AGP for respondents no.26 and 27. * * * * * * Coram :- Smt. R.P. SondurBaldota, J. 11th February, 2015. P.C. :- 1). Adjourned for reply of the Government to 25th February, 2015. Copy of the affidavit-in-reply shall be furnished in advance to the appellant and other respondents. (SMT. R.P. SONDURBALDOTA, J)

Order - Status 23: Chittewan 1/5 C.A.1021-14 O.O. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1021 OF 2014 IN SECOND APPEAL NO.450 OF 2014 Smt. Bhagirathi Haribhau Yadav and ors. .. Applicants/ Appellants (Org.Plaintiffs) V/s Dnyaneshwar Vishnu Kate and Ors. .. Respondents. (Org.Defendants) AND CIVIL APPLICATION NO. 170 OF 2015 IN CIVIL APPLICATION NO.1021 OF 2014 IN SECOND APPEAL NO.450 OF 2014 R.N. Yadav @ Dhariya .. Applicant (Org.Respondent No.10) In the matter between Smt. Bhagirathi Haribhau Yadav and ors. .. Applicants/ Appellants (Org.Plaintiffs) V/s Dnyaneshwar Vishnu Kate and Ors. .. Respondents. (Org.Defendants) Mr. R.B. Raghuvanshi a/w Ratnesh Dube i/b Ms Rutuja Ambekar, for Applicants. Mr. S.G. Kudle, for Respondent No.10. Mrs. Jyotsna Pandhi with Mr. P.S. Gujar, for Respondents No.21 to 25. Mr. Rajan Pawar, AGP for Respondents No.26 and 27. Coram : Smt. R.P. SondurBaldota, J. Date : 25th March, 2015 P.C. This is a common order on the above two Civil Applications. Civil Application No.1021 of 2014 is taken out by the appellants for interim injunction to restrain respondent No.1 from dealing with or developing one of the suit properties i.e. the land at Survey No.119/2B of Pimple Saudagar, pending the disposal of the Second Appeal. Civil Application No.170 of 2015 is taken out by respondent No.10 for clarification that the adinterim order dated 08th October, 2014 passed on the Civil Application of the appellants is no more in operation in view of the subsequent order dated 12th December, 2014. The other relief sought by respondent No.10 is to direct the appellants to file an undertaking in the form of bank guarantee to the effect that in the event respondent No.10 succeeds in the appeal, the appellants will compensate him for the losses suffered on account of delay in the decision in the Second Appeal. The Second Appeal arises out of the suit filed by the appellants for partition of the joint family properties. The appeal was admitted on 06th August, 2014 with observations that prima facie it appears that there was no reason for the Appellate Court to exclude properties at Survey No.119/2B and 18/7 from partition and separate possession. These two properties are claimed to have been purchased by respondent No.10 from respondent No.1 by the sale deed dated 09th June, 1983. The Lower Appellate Court has recorded a finding that the properties had been owned jointly by Vishnu, Laxman and Mahadev. Respondent No.1 is the son of Vishnu. In view of this factual position, the Second Appeal was admitted on the following substantial questions of law : Whether the appellate Court was right in excluding Survey No.119/2B and 18/7 from the partition and separate possession ? Whether learned Counsel appearing for the Respondent No.10 waives service of the notice ? It appears that during pendency of the proceedings, some portion of the properties came to be acquired by Government of India. Therefore, by order dated 08th December, 2014, the appellants were directed to amend the Civil Application to implead the concerned parties. Accordingly, amendment was carried out and seven persons were impleaded to the Civil Application. They are (1) Union of India, (2) Director General, Defence Estate, (3) Principal Director, Defence Estate, (4) Defence Estate officer, Southern Command, (5) Commanding Officer, Southern Command, (6) State of Maharashtra and (7) The Collector of Pune. The interim relief in operation during pendency of the suit was direction to respondent No.10 to maintain statusquo in respect of the properties at Survey No.119/2B and 18/7. This order has been continued with observation that if respondent No.10 is allowed to deal with the properties or carry out the construction, the same would lead to further complication which should be avoided. Mr. Kudgle, the learned advocate for respondent No.10 submits that the order dated 23rd December, 2014 passed this Court, is no longer in operation since the same has not been specifically continued. He also submits that respondent No.10, who had purchased the properties as far back as in the year 1983 is unable to enjoy the properties purchased by him. Considering the nature of the substantial questions of law framed, properties in question need to be preserved in the same condition during pendency of the Second Appeal. Hence, the Civil Application No.1021 of 2014 is allowed and Civil Application No.170 of 2015 is dismissed. (Smt. R.P. SondurBaldota, J.)

Order - Status 7: cas1137.11&1191.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICTION NO.1137 OF 2011 IN SECOND APPEAL NO. 468 OF 2011 Bajaran Tatyaba Kalokhe : Applicant. Versus Kisan Shankar Darwatkar and ors. : Respondents. Mr.Rajesh B Parab for the Applicant Mr. S V Pitre with Mr.Mahesh Subramaniam for the Respondent Nos.1 to 4. WITH CIVIL APPLICATION NO.1191 OF 2011 IN SECOND APPEAL NO.487 OF 2011 Kisan Shankar Darwatkar and ors. : Applicants Versus Bajrang Tatyaba Kalokhe : Respondent. Mr. S V Pitre with Mr. Mahesh Subramaniam for the Applicants. Mr. Rajesh B Parab for the Respondent. CORAM : R M SAVANT, J. DATE : 12th April 2012 P.C. 1 The above Civil Applications, by each of the Applicants/Appellants abovenamed have been filed for staying the decree passed by the Lower Appellate Court dated 22/3/2011 in the above mentioned Appeals. It is required to be noted that in so far as aspect of possession is concerned, both the Courts below have recorded a finding in favour of the Appellant in Second Appeal No.468 of 2011 who is the original Plaintiff. In the light of the said finding in my view it would be just and proper to direct the parties to maintain status quo in respect of the said 15 Ares of land which is the suit property, pending the hearing and final disposal of the above Second Appeals. By directing as aforesaid, the above Civil Applications are disposed of. [R.M.SAVANT, J]

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. Second Appeal No.534 Of 2012. Alongwith Civil Application No.1316 Of 2012. Sudhir Mahadev Yashvantrao :: Appellant. ---------------------------- ---- ------------ Versus Mandakini Dhondu Chalke (Since dead, through LR's.) & Ors. :: Respondents. Appearance => Mr. S.M. Gorwadkar, Advocate for the Appellants. CORAM => R.Y. GANOO, J. DATE => 27th AUGUST, 2013. P.C. :- Heard Mr. Gorwadkar, learned counsel for the appellant. The learned District Judge in Civil Appeal No.38 Of 2007 has entertained the Appeal preferred by the present appellant against the Judgment and Decree dated 17th July, 2007 passed in Reg.Civil Suit No.219 Of 2001 by the Civil Judge, Senior Division, Ratnagiri. The learned District Judge by his Judgment and Decree dated 20th February, 2012 permitted the present appellant to enjoy the right more particularly as set out in the operative part of the order. In my view, this protects the interest of the present appellant, adequately. (2) In view of the aforesaid discussion, points raised by learned counsel for the appellant cannot be accepted to admit the Second Appeal as no substantial question of law is involved. Hence, Second Appeal is dismissed at the stage of admission. There shall be no order as to costs. Civil Application No.1316/2012 is dismissed. (R.Y. GANOO, J.)

Order - Status 9: -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUNATION SHEET CIVIL APPLICATION NO.1627 OF 2005 IN SECOND APPEAL NO.1140 OF 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Ms Deepali Kali h/f Mr.P.N.Joshi for the Applicant Mr.Arun Palekar for Respondent Nos.1 to 4 CORAM: A.S.OKA, J. DATE : FEBRUARY 4,2008. P.C.: Heard Advocates for the parties. Second Appeal has been admitted for final hearing. The decree for possession passed by the trial court and confirmed by the Appellate Court was stayed during the pendency of the Appeal before the Appellate Court. In this view of the matter, ad-interim order granted on 13th October 2005 deserves to be continued as interim order till the final disposal of the Appeal. Hence, Civil Application is disposed of by directing that ad-interim order dated 13th October 2005 will continue to operate as interim order till the final disposal of the Appeal. JUDGE

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 624 OF 2016 IN SECOND APPEAL NO. 429 OF 2003 Mr. Arvind Dagduram Chopda (since deceased through legal heirs) 1a. Smt. Kanchan Arvind Chopda & Ors. … Applicants. V/s. Kisan Yesu Kotwal and Ors. ... Respondents. Mr. S.S. Patwardhan i/b. A.L. Gore for the Applicants. Mr. V.R. Kasale i/b. Ram & Co. for Respondents 1 to 7. CORAM : N.M. JAMDAR, J. DATE : 4 APRIL, 2016. P.C. : Not on board. Taken on production board by way of praecipe. Place the Civil Application on board on 15 April 2016. Office remark shows that the next CMIS date is 15 April 2016, however, the Application is still under objections. Registry to explain as to how the CMIS date is assigned before the office objections are removed. Office objections to be removed before the next date. (N.M. JAMDAR, J.)

Order - Status 7: Sequeira IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 624 OF 2016 in SECOND APPEAL NO. 429 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court's order or Court's or Judge's Orders Directions and Registrar's Orders Mr.S.S.Patwardhan i/b Mr.A.L.Gore, for Applicants. Mr.V.R.Kasale i/b Ram & Co., for Respondents Nos.1 to 7. CORAM: N.M. JAMDAR, J. Friday, 15 April 2016. P.C.: The learned counsel for the Respondent Nos.1 to 7 has no objection for granting prayers made in the Application in view of the statement made by the Applicants in para 7 of the Application. The learned counsel for the Applicants states that he has served the other Respondents and seeks time to file affidavit of service. The remaining Respondents are represented through the Advocate, who are not present. Stand over to 4 May 2016. The Appellants will give one more notice to the Advocate for the Respondent Nos.8 to 13. (N.M.Jamdar, J.)

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 429 OF 2003 ALONG WITH CIVIL APPLICATION NO. 624 OF 2016 Arvind Dagduram Chopda (since deceased through legal heirs) 1A. Smt.Kanchan Arvind Chopda & ors. … Appellants/Applicants v/s Kisan Yesu Kotwal (since deceased) 1A. Bhimaji K. Kotwal & ors. … Respondents Mr.A.L. Gore for the appellants/applicants. Mr.V.R.Kasle i/by Ram & Co. for Resp. Nos.1 to 7. Mr.L.S. Gaikwad i/by M.R.Bhope for Resp. Nos.10 to 13. Coram: N.M. Jamdar, J. Dated: 4 May 2016 P.C.: Learned counsel for the Appellants states that he has received instructions to withdraw the appeal. 2 The appeal is dismissed as withdrawn with the civil application. ( N. M. JAMDAR, J. )

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.

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.349 OF 2003 IN SECOND APPEAL NO.240 OF 2003 Vasant Dattoba Bhosale & Ors. .. Applicants. Vs. Nanasaheb Krishnaji Patil .. Respondent. Mr.A.V.Anturkar for the applicants. Mr.M.L.Patil for the respondent. CORAM : D.B.BHOSALE, J. DATED : 13TH FEBRUARY, 2007 P.C.: . In view of disposal of the appeal nothing further survives in this application, it is disposed of as such. (D.B.Bhosale, J.)

Order - Status 5: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE SIDE JURISDICTION. CIVIL APPLICATION NO.1541/2015 IN SECOND APPEAL (ST) NO.1236/2015 Office Notes, Office Court's or Judge's orders Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders - Mr. N. M. Bhole for the Applicant CORAM : K. K. TATED, J. DATE : OCTOBER 13, 2015 P.C.: Heard. This Application is made by the Plaintiff for condonation of 8 days delay in filing the appeal challenging the decree dated 08/09/2014 passed by the Appellate Court in civil appeal NO.164/2008. Rule. Rule made returnable after 12 weeks. In addition to usual mode of service, Applicant is permitted to serve Respondents by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect. JUDGE

Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1541 OF 2015 IN SECOND APPEAL (STAMP) NO. 1236 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : R.M. JOSHI REGISTRAR (JUDL.II) DATE : 18th November, 2015 One week time granted to supply copies for issuing notice to Respondent. REGISTRAR (JUDL.II)

Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1541 OF 2015 IN SECOND APPEAL (STAMP) NO. 1236 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : R.M. JOSHI REGISTRAR (JUDL.II) DATE : 30th November, 2015 S.O. one week time granted to supply copies for issuing notice to Respondents, as a last chance. REGISTRAR (JUDL.II)

Order - Status 8: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1541 OF 2015 IN SECOND APPEAL (STAMP) NO. 1236 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : R.M. JOSHI REGISTRAR (JUDL.II) DATE : 14th December, 2015 S.O. two weeks time granted to supply copies failing which this Civil Application stand disposed of without reference to the Court. REGISTRAR (JUDL.II)

Order - Status 10: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1541 OF 2015 IN SECOND APPEAL (STAMP) NO. 1236 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : R.M. JOSHI REGISTRAR (JUDL.II) DATE : 7th January 2016 Issue notice to Respondent, returnable date is extended by eight (8) weeks. REGISTRAR (JUDL.II)

Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1541 OF 2015 IN SECOND APPEAL (ST) NO.1236 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders Adv. for Appellant present CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 3/03/2016 S.O. three (3) weeks time granted to take steps against unserved R.No.1. REGISTRAR (JUDLII)

Order - Status 14: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1541 OF 2015 IN SECOND APPEAL (ST) NO.1236 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders None present CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 28/03/2016 S.O. three (3) weeks i.e. 18/04/2016 time granted to take steps against deceased Respondent No.1. sd/ REGISTRAR (JUDLII)

Order - Status 16: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1541 OF 2015 IN SECOND APPEAL (ST) NO.1236 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 18/04/2016 None present Three weeks (excluding Summer Vacation) time granted to take steps as a last chance. sd/ REGISTRAR (JUDLII)

Order - Status 18: THE HIGH COURT OF JUDICATURE AT BOMBAY Civil Application No. 1541 of 2015 In Second Appeal Stamp No. 1236 of 2015 Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearance, Court's orders or directions and Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDL.II) Date : 07/06/2016. Advocate for the Applicant is present. S.O. for three (3) weeks time granted to take steps regarding deceased R. No. 1. sd/- REGISTRAR (JUDL-II)

Order - Status 20: Sequeira IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1541 OF 2015 in SECOND APPEAL (St.) NO. 1236 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.Nilesh Bhole, for the Applicant. Mr.Harshad Shingnapurkar i/b Mr.Rohit Joshi, for Respondent No.2. CORAM: Jamdar N M J , Friday July 2016 1 , C P .: The Civil Application is abated as against Respondent No.1. The learned counsel for the Applicant seeks time. Stand over to eight weeks, i.e. 26 August 2016. (N Jamdar ) M J ,

Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1541 OF 2015 IN SECOND APPEAL (STAMP) NO.1236 OF 2015 Sou. Rohini Sudhakar Patil ....Applicant vs. Shri. Ramchandra Kashinath Patil And Anr. ....Respondents .... Mr. N.M. Bhole, for the Applicant. Mr. Rohit Joshi, for Respondent No.2. CORAM : S.C. GUPTE, J. DATED : 20 JANUARY 2017 P.C. : . Learned Counsel for the Applicant informs the Court that Respondent No.1 is dead and that he will take appropriate steps to bring legal heirs of deceased Respondent No.1 on record. Stand over to 17 February 2017. ( S.C. GUPTE, J. )

Order - Status 27: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1541 OF 2015 IN SECOND APPEAL (ST) NO.1236 OF 2015 ….. Sou. Rohini Sudhakar Patil … Applicant Versus Shri. Ramchandra Kashinath Patil & Anr. … Respondents ….. Mr. Nilesh Bhole for the Applicant. Mr. Akshay Kandarkar i/b Rohit Joshi for Respondent No.2. CORAM : S.C.GUPTE, J. DATE : 17 FEBRUARY 2017 P.C. : Learned Counsel for the Applicant/Appellant states that the Respondent has died and his application for bringing legal heirs of the deceased Respondent on record is ready but not yet moved. He seeks time for the purpose. This Civil Application accordingly stood over to 24 March 2017. (S.C.GUPTE, J.)

Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN SA NO. 1541 OF 2015 In SECOND APPEAL STAMP NO. 1236 OF 2015 Sou. Rohini Sudhakar Patil ....Applicant V/S Shri. Ramchandra Kashinath Patil And Anr. ....Respondent None For Applicant Ms. Aditi Athawale i/b. Rohit D Joshi For Respondent No. 2. CORAM : S.C. GUPTE, J DATE : 24th March, 2017 P.C. : None for the applicant, stand over to 21/04/2017 as a last chance. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 31: Rane (sr.58) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application in SA NO. 1541 OF 2015 IN Second Appeal (ST) NO. 1236 OF 2015 Sou. Rohini Sudhakar Patil ...Applicant Versus Shri. Ramchandra Kashinath Patil And Anr. ...Respondents None for the Applicant, Appellant. Mr. Rohit Joshi, Advocate for Respondent no.2. CORAM: N.M. JAMDAR, J DATED: 21st April, 2017 PC:- . None for the Applicant. By order dated 1 July, 2016 it is recorded that Civil Application is abated as against Respondent no.1. Time was taken to take steps. No steps have been yet taken. The Application stands dismissed as against Respondent no.1. Stand over to next CMIS date i.e. 30 June, 2017. The Applicant will explain whether the Civil Application survives in view of dismissal of the Application as against Respondent no.1. (N.M. JAMDAR,J.)

Order - Status 33: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN SA NO. 1541 OF 2015 In SECOND APPEAL STAMP NO. 1236 OF 2015 Sou. Rohini Sudhakar Patil Applicant V/S Shri. Ramchandra Kashinath Patil And Anr. Respondent Nilesh Bhole For Applicant/Appellent Rohit Joshi Respondent No. 2 CORAM : S.J. KATHAWALLA, J DATE : 1st July, 2017 P.C. : In view of the joint request made by the learned Counsel for the parties, stand over to 07/07/2017 under the caption for High on Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 35: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1541 OF 2015 IN SECOND APPEAL (ST) NO. 1236 OF 2015 WITH CIVIL APPLICATION (ST) NO. 12068 OF 2017 Sou. Rohini Sudhakar Patil … Applicant Versus Shri. Ramchandra Kashinath Patil and another … Respondents Mr. Nilesh Bhole for the Applicant in both C.A./Appellant. Mr. Rohit Joshi for the Respondent Nos.1 and 2. CORAM : S.J. KATHAWALLA, J. DATED : 7TH JULY, 2017 P.C.: Stand over to 10.07.2017, high on Board. ( S.J.KATHAWALLA, J. )

Order - Status 37: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN SA NO. 1541 OF 2015 In SECOND APPEAL STAMP NO. 1236 OF 2015 Sou. Rohini Sudhakar Patil ....Applicant V/S Shri. Ramchandra Kashinath Patil And Anr. ....Respondent Nilesh Bhole For Applicant Rohit Joshi for Respondent No. 2 CORAM : S.J. KATHAWALLA, J DATE : 10th July, 2017 P.C. : At the request of the learned Counsel for the Appellent, stand over to 18/07/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 39: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN SA NO. 1541 OF 2015 In SECOND APPEAL STAMP NO. 1236 OF 2015 Sou. Rohini Sudhakar Patil ....Applicant V/S Shri. Ramchandra Kashinath Patil And Anr. ....Respondent WITH CIVIL APPLICATION IN SA STAMP NO. 12068 OF 2017 In SECOND APPEAL LODGING NO . 1236 OF 2015 Sou. Rohini Sudhakar Patil ....Applicant V/S Shri. Ramchandra Kashinath Patil And Anr. ....Respondent Nilesh Bhole For Applicant/Appellent Rohit Joshi for Respondent No. 2 CORAM : S.J. KATHAWALLA, J DATE : 18th July, 2017 P.C. : At the request of the learned Counsel for the Application, stand over to 19/07/2017 under the caption for First on Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 43: kpd 1 / 1 912CAS15412015.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1541 OF 2015 IN SECOND APPEAL (ST) NO. 1236 OF 2015 WITH CIVIL APPLICATION (ST) NO. 12068 OF 2017 Mrs.Rohini Sudhakar Patil … Applicant Versus Shri.Ramchandra Kashinath Patil and another … Respondents Mr.Nilesh Bhole for the Applicant and Appellant. Mr.Rohit Joshi for the Respondent No.2. CORAM : S.J. KATHAWALLA, J. DATED : 19th JULY, 2017 P.C.: The Learned Advocate appearing for the Applicant on instructions seeks to withdraw the above Second Appeal. The above Second Appeal alongwith both the above Civil Applications are disposed off as withdrawn. ( S.J.KATHAWALLA, J. )