Damu Shankar Patole And ANR v. Suresh Wamanrao Gaikwad And ORS

2024:BHC-AS:5786 Urmila Ingale 906-ia-13202-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13202 OF 2023 IN SECOND APPEAL NO. 264 OF 2016 DAMU SHANKAR PATOLE AND ANR.

..APPLICANTS VS.

SURESH WAMANRAO GAIKWAD AND ORS.

..RESPONDENTS Mr. R.D. Soni i/b Mr. Pratik Rahade, for the Applicants. Mr. Akshay Petkar a/w Mr.Pranav Shah, Mr. Aniket Malu, Mr. Aditya Nair,for Respondent No.1.

CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 06, 2024 P.C. :

1.

Heard learned counsel for the applicants. I am not inclined to entertain the present application by which the applicants seek clarification of the judgment and order of the trial Court and first appellate Court. The said judgment and order of the trial Court as well as of the first appellate Court is upheld by this Court by dismissing the second appeal. Considering the nature of the relief in this application, if at all, the applicants are seeking any clarification of the judgment of the trial Court or first appellate Court, it will be appropriate to approach the trial 1/2

Urmila Ingale 906-ia-13202-23.doc Court or appellate Court for such relief. If such an application is made, the same shall be considered on its own merits and in accordance with law. All contentions of the parties including the maintainability or otherwise of such application are kept open to be decided in accordance with law.

2.

Subject to above, the interim application is dismissed. (M. S. KARNIK, J.) 2/2 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 06/02/2024 18:32:30