Bombay High CourtCA/5438/2018admittedallowedgrantedrule absolute

Ramchandra Bapu Chikhale And Another v. Kondiba Dagadu Chikhale (Died) Tukaram (Died) Ranjana And Others

2018-06-11Hon'Ble Shri Justice P.R. Bora35 pages

1 CIVIL APPLICATION NO. 5438 OF 2018 IN RC/74/2018 WITH CA/7143/2018 IN RC/74/2018 RAMCHANDRA BAPU CHIKHALE AND ANOTHER KONDIBA DAGADU CHIKHALE (DIED) TUKARAM (DIED) RANJANAAND OTHERS Advocate for Applicants : Mr. Bhapkar S.L.

1) Learned Counsel for applicants/appellants submits that one of the objections was that a copy of the impugned judgment was not legible and now the eligible copy has been prepared and the same will be filed in the Registry. The learned counsel undertakes to remove the office objections during the course of the day.

2) In view of the submissions as above, the order passed by the learned Registrar, refusing registration of the appeal stands quashed and set aside. The appeal on stamp stands restored to its original file. Delay caused in filing the

(2) application stands condoned. CA stands disposed of. 3) Learned Counsel further pointed out that the respondents are pressing hard for execution of the impugned decree. The learned Counsel sought exparte stay to the execution of the impugned judgment and degree.

4) Issue notice to the respondents in CA for stay, returnable within two weeks. Till then, execution of the impugned judgment and decree shall stand stayed.

2 SECOND APPEAL NO. 49 OF 1993 WITH CA/600/1993 IN SA/49/1993 PUNJAJI S/O GYANOBA BABURAO S/O RAIJI & OTHER Advocate for Appellant : Amol Gandhi h/For P V Mandlik;

Maya R. Jamdhade For R/2a To 2c .

List the matter for final disposal on 10th July, 2018.

3 CIVIL APPLICATION NO. 146 OF 2018 IN SAST/9438/2017 MAYA JAGDISH FARTALE JAGADISH KACHRU FARTALE Advocate for Applicant : Mr. Jaybhay Bibhishan R. .

Issue notice to respondent on application for condonation of delay, returnable after four weeks.

6 SECOND APPEAL NO.43 OF 2018 GOPAL RAM SUTAR @ KSHIRSAGAR KISAN RAMA SUTAR @ KSHIRSAGAR (DIED) LRS KUSUM AND OTHERS Advocate for Appellant : Mr. Dharashive M.L.

Learned Counsel seeks a week's time to carry out the amendment. Stand over after one week.

8 SECOND APPEAL NO.177 OF 2018 WITH CA/3090/2018 IN SA/177/2018 RAMKISHAN SAHEBRAO MAGAR DIED LRS KUSUMBAI AND OTHERS ASHAMATI SUBHASHRAO SHELKE AND OTHERS Advocate for Appellants : Mr. _____, Adv. h/for Mr. Salunke V.D.

Mr. Thombre Chandrakant V., Adv. For R/1, 2 & 4. 1) Learned Counsel for appellants undertakes to take necessary steps to serve unserved respondents within two weeks.

2) List the matter after two weeks.

3) Interim relief, if any, to continue till then.

9 CIVIL APPLICATION NO. 3119 OF 2017 IN SAST/453/2016 WITH CA/7167/2018 IN SAST/453/2016 SUDHAKAR SAKHARAM WABLE BRANCH MANAGER, IRRIGATION BRANCH KOLEGAON NASHIK Advocate for Applicant : Karpe Rahul R.

AGP for Respondents:

Advocate for Respondents :

10 CIVIL APPLICATION NO. 112 OF 2018 IN SAST/20819/2017 WITH CA/113/2018 IN SAST/20819/2017 MEGHA SHIRISH ANANTWAD SHIRISH BHARAT ANANTWAD Advocate for Applicant : Hande Avinash D.

AGP for Respondents:

Advocate for Respondents :

11 CIVIL APPLICATION NO. 115 OF 2018 IN SAST/14374/2017 SHANTABAI JAGANNATH RAUT MANOHAR RAKHMAJI JADHAV AND OTHERS Advocate for Applicant : Mr. Gandhi Amol S.

Learned Counsel, on instructions, seeks leave to withdraw Second appeal on stamp. Leave granted. The appeal ons stamp stands dismissed as withdrawn. Pending civil application, if any, stands disposed of.

12 CIVIL APPLICATION NO. 116 OF 2018 IN SAST/1617/2017 VAIJNATH GURUPADAPPA SWAMI THE MUNICIPAL CORPORATION LATUR THRO. ITS COMMISSIONER LATUR Advocate for Applicant : Mr. SV Natu, Adgaonkar Ravibhushan P 1) Shri Adgaonkar, learned Counsel appearing for sole respondent seeks his discharge since now another counsel is engaged in the matter.

2) Shri Natu, learned Counsel submits that he has instructions to appear on behalf of the appellant and he will file his Vakalatnama in the Registry during the course of the day.

3) In view of the above, appearance of Shri Adgaonkar, who was earlier appearing for appellant, stands discharged.

4) Issue notice on application for condonation of delay to respondent, returnable after four weeks.

13 CIVIL APPLICATION NO. 117 OF 2018 IN SAST/23210/2017 YOGESH GANPATRAO MEKHALE SUNANDA NARSINGRAO PANDGE AND OTHERS Advocate for Applicant : Gunale V.d.

AGP for Respondents:

Advocate for Respondents :

14 CIVIL APPLICATION NO. 118 OF 2018 IN SAST/12715/2017 WITH CA/119/2018 IN SAST/12715/2017 RAMRAO BAPPAJI KAKDE VASANTRAO TRIMBAKARAO CHAVAN Advocate for Applicant : Muley Pramod N AGP for Respondents:

Advocate for Respondents :

15 CIVIL APPLICATION NO. 120 OF 2018 IN SAST/31314/2016 RAJENDRA S/O POPAT PATIL SUREKHA W/O RAJENDRA PATIL Advocate for Applicant : Patil Vinod Prakash AGP for Respondents:

Advocate for Respondents :

16 CIVIL APPLICATION NO. 124 OF 2018 IN SAST/1088/2017 ASHOK RAMCHANDRA WAGH BHASKAR BHIVSAN PATIL AND OTHERS Advocate for Applicants : Deshpande Manohar S. AGP for Respondents:

Advocate for Respondents :

17 CIVIL APPLICATION NO. 125 OF 2018 IN SAST/11044/2017 MIRZA NAWAB BAIG MIRZA JALAL BAIG SHAIKH AZMODDIN SARWARSAB Advocate for Applicant : Pathan Hamzakhan I.

AGP for Respondents:

Advocate for Respondents :

18 CIVIL APPLICATION NO. 126 OF 2018 IN SAST/5376/2017 AKKABAI APPA MASULE (PATIL) AND ANOTHER PUNJABAI GOBA MASULE (PATIL) AND ANOTHER Advocate for Applicants : Choudhari N. L.

AGP for Respondents:

Advocate for Respondents :

19 CIVIL APPLICATION NO. 127 OF 2018

IN SAST/23178/2015 KHANDU NAMA MEHETRE LRS MARUTI AND OTHERS GAYABAI MARUTI AWASARE LRS SADASHIV AND OTHERS Advocate for Applicants : Gaware Niteen V.

AGP for Respondents:

Advocate for Respondents :

20 CIVIL APPLICATION NO. 128 OF 2018 IN SAST/16176/2017 WITH CA/129/2018 IN SAST/16176/2017 SHAIKH HUSSAINSAB KHAJASAB TAMBOLI LRS BEGUM AND OTHERS BALAJI DHURAJI MORE Advocate for Applicants : Sant Kishor C.

AGP for Respondents:

Advocate for Respondents :

21 CIVIL APPLICATION NO. 130 OF 2018 IN SAST/19921/2017 WITH CA/131/2018 IN SAST/19921/2017 SAMB SANGAPPA DEVSHETTE NARSING MADHAVRAO MADLAPURE AND OTHERS Advocate for Applicant : Biradar Manoj G.

AGP for Respondents:

Advocate for Respondents :

22 SECOND APPEAL NO. 292 OF 2007 WITH SA/293/2007 WITH CA/13207/2015 IN CA/11977/2014 JAGANNATH RAMCHANDRA BIYANI THR LRS NAGORAO SANTUKRAO DESHMUKH THR LRS Advocate for Appellants : Vivek Bhavthankar AGP for Respondents:

Advocate for Respondents :

M A Kulkarni For R/1a To 1d R/2 Served Through Paper Publiation R/2 Set Aside R/2 Served Through Paper Publication Y M Khan R/1d1 To 1d5 Served 23 SECOND APPEAL NO. 63 OF 2018 WITH CA/906/2018 IN SA/63/2018 VISHAL RAJENDRASINGH TIWARI RANJIT PANDHARISINGH TIWARI Advocate for Appellant : Adgaonkar Ravibhushan P AGP for Respondents:

Advocate for Respondents :

Vinod D. Godbharle For R/ Sole (cvtr) 24 SECOND APPEAL NO. 75 OF 2018 RAHULDEO DEVIDAS PATIL MANISHA RAHULDEO PATIL Advocate for Appellant : Surve Hemant & Kshitij Surve AGP for Respondents:

Advocate for Respondents :

P.f. Patni For R/sole (note Of Appearnce)

25 SECOND APPEAL NO. 109 OF 2018 WITH CA/1737/2018 IN SA/109/2018 SHAIKH NAJAM SHAIKH AJAM AND ORS SHAIKH MAUJAM SHAIKH AJAM Advocate for Appellants : Natu Sharad V.

AGP for Respondents:

Advocate for Respondents :

26 SECOND APPEAL NO. 224 OF 2018 WITH CA/4002/2018 IN SA/224/2018 SOMNATH POPAT PATIL BHAGWAN POPA PATIL AND OTHERS Advocate for Appellant : Nagori Girish AGP for Respondents:

Advocate for Respondents :

27 SECOND APPEAL NO. 250 OF 2018 WITH CA/4267/2018 IN SA/250/2018 SURESH MACHHRUMAL GOKLANI RAZIYA BEGUM SK. IQBAL AHMED THRO. SK. IQBAL AHMED SHARFUDDIN Advocate for Appellant : Jagiasi Shyamsunder H & D.s. Jagiasi AGP for Respondents:

Advocate for Respondents :

28 SECOND APPEAL NO.774 OF 2016 WITH CA/14513/2016 IN SA/774/2016 29 SECOND APPEAL NO.290 OF 2018 30 CIVIL APPLICATION NO.768 OF 2018 IN SAST/26255/2017 WITH CA/769/2018 IN SAST/26255/2017 31 CIVIL APPLICATION NO.5238 OF 2018 IN SAST/4905/2018 WITH CA/5239/2018 IN SAST/4905/2018 32 CIVIL APPLICATION NO.5329 OF 2018 IN RC/408/2018 Mr. SP Deshmukh,AGP for Respondent/s 1.

Learned Counsel for appellant/applicant to submit in the Registry the number of copies of the appeal/application within two weeks.

Stand over after two weeks.

Interim relief, if any, to continue till then.

33 SECOND APPEAL NO. 590 OF 2014 WITH CA/7151/2018 IN SA/590/2014 CHINKAJI MALHARI JADHAV AND OTHERS WACHLABAI KUNDLIK GAVANE DIED AND OTHERS Advocate for Appellants : Agrawal Pavankumar S. AGP for Respondents:

Advocate for Respondents :

Shri R.k. Ashtekar For R.2 To 4 Lomte Vivek M. For R/4.

34 SECOND APPEAL NO. 403 OF 2018 WITH CA/7138/2018 IN SA/403/2018 TARACHAND KASHINATH NARWADE KARUNA NANDKISHOR DHABHADE AND ANOTHER Advocate for Appellants : Mr. Deshpande Ram B. .

None for appellant.

2) Issue notice to respondents in appeal as well as application for stay, returnable after four weeks.

35 SECOND APPEAL NO. 404 OF 2018 WITH CA/7139/2018 IN SA/404/2018 SURYAKANT MAHADU GARUDE AND OTHERS THE STATE OF MAHARASHTRA THRO. COLLECTOR, NANDED AND OTHERS Advocate for Appellants : Mr. Narwadkar Mrigesh D. Mr. SP Deshmukh, AGP for Respondents: 1 & 2.

1) Issue notice to respondents in appeal as well as application for stay, returnable within two weeks.

2) Shri Deshmukh, learned AGP waives service of notice on behalf of Respondent Nos. 1 & 2.

36 SECOND APPEAL NO. 637 OF 2016 WITH CA/12824/2016 IN SA/637/2016 SOJANA NURJI VALVI AND ORS SAU. RANUBAI JOLI VALVI Advocate for Appellants : Mr. Vishmu Madane, Adv. h/for Mr. Magare Ajaykumar G. Choudhari N. L. & A.n.choudhari (consent Not Obtained) J.k. Shah; Mr. Sawant Amol S. For R.1 .

On request of learned Counsel for respondent, stand over after two weeks.

Interim relief, if any, to continue till then.

37 SECOND APPEAL NO. 814 OF 2016 WITH CA/15427/2016 IN SA/814/2016 VIKRAM SHIVDAS KALYANKASTURE DATTA VITTHAL SONTAKKE Advocate for Appellant : Mr. Panpatte V.s.

Mr. A.M. Gaikwad For R/sole - caveatr .

Learned Counsel for respondent seeks a week's time to work out the matter.

Stand over after one week.

38 SECOND APPEAL NO. 897 OF 2016 WITH CA/16460/2016 IN SA/897/2016

1. DHUDKU ANANDSING RAJPUT SINCE DECEASED THROUGH HISL.RS AJABSING LALA RAJPUT Advocate for Appellants : Mr. Girase Amarjitsing B. Mr. Natu Sharad V. For R/sole 1.

On request of learned counsel for respondent, stand over after two weeks.

Interim relief, if any, to continue till then.

39 SECOND APPEAL NO.284 OF 2017 WITH CA/11526/2017 IN SA/284/2017 ASHOK VITTHALRAO LAHANE SHESHRAO DHONDIRAM DHAS Advocate for Appellant : Mr. Totala Rameshwar F. Mr. Kale Ajeet B., Adv. For Respondent.

1) After hearing the learned Counsel for the parties, it appears that the present appeal can be disposed of at the admission stage.

2) R and P with paper book is already received.

3) List the matter for final disposal on 29th June, 2018. Till then, on instructions, as submitted by the learned counsel for the respondent, the respondent will not, at his own, create any third party interest in respect of the subject property.

40 SECOND APPEAL NO.304 OF 2017 WITH CA/5373/2017 IN SA/304/2017 WITH CA/5374/2017 IN SA/304/2017 LAXMAN RAMSHASHTRI LONIKAR DIED LRS SHANTA AND OTHERS LAXMANSINGH RAMPRATAPSINGH HAZARI LRS RADHABAI AND OTHERS Advocate for Appellants : Mr. V.J.Dixit, Sr. Counsel h/for Mr. Dr.Tawshikar Swapnil D.;

Mr. SP Deshmukh, AGP for Respondent No.5;

Mr.AT Ghute, Adv. h/for Mr. Anjanwatikar Vinay B. Adv. For Resp. 1/5.

Heard learned Senior Counsel for some time.

However, since learned Counsel Shri A.T.Ghute informs that for some personal reasons, counsel appearing for the respondent is unable to attend the Court, the matter stands adjourned to 18th June, 2018.

41 SECOND APPEAL NO. 589 OF 2017 WITH CA/4046/2017 IN SA/589/2017 RAMCHANDRA @ RAM SAHEBRAO LAMKANE RAJARAM SAHEBRAO LAMKANE AND OTHERS Advocate for Appellants : Mr. PS Koshti, Adv.h/for Mr. Shaikh Shoyab;

Mr. MA Deshmukh, Adv. h/for Mr. SG. Chapalgaonkar For R/ 1;

Mr. A. T. Ghute, Adv. For R/3,5, 7.

On request of learned counsel for appellant, by way of last chance, the matter is adjourned to 20th June, 2018.

43 SECOND APPEAL NO.757 OF 2017 WITH CA/14780/2017 IN SA/757/2017 WITH CA/14778/2017 IN SA/757/2017 MOHD. SALEEM ABDUL WAHEB JAMAL AHAMAD FATTEMOHMAD AND OTHERS Advocate for Appellant : Mr. Deshpande Ajay S. Mr. Suryawanshi Surendra V., Adv. For R/1.

Call R and P, returnable after four weeks.

44 SECOND APPEAL NO. 30 OF 2018 WITH CA/498/2018 IN SA/30/2018 MUKTAJI TATYABA GARJE MOHAN PANDURANG PAWAL AND ANOTHER Advocate for Appellant : Mr. Sanap R.D.

1) Learned Counsel for appellant seeks some more time to place on record certified copies of certain documents.

Stand over after two weeks.

46 SECOND APPEAL NO. 132 OF 2018 WITH CA/2281/2018 IN SA/132/2018 SHRIHARI GANPATI SAGADE LRS KASABAI AND OTHERS ANKITABAI SUDAM METKAR AND OTHERS Advocate for Appellants : Mr. Pawan K. Lakhotiya AGP for Respondents:

R/1 To 6 Served .

On request of learned Counsel for respondents, stand over after four weeks. Interim relief, if any, to continue till then.

48 SECOND APPEAL NO. 307 OF 2018 WITH CA/5884/2018 IN SA/307/2018 MANIK VANAJI GAWALI CHANDAN ARJUNDAS PALHANI AND ANOTHER Advocate for Appellant : Mr. PP Mandlik, Adv. h/for Mr. Sant Kishor C.;

Mr. Nilesh N. Desale For R/ 2 - cvtr .

On request of learned Counsel for appellant, stand over to 5th July, 2018. Earlier arrangement to continue till then.