Samrudhi Vijay Kandhare And Another v. Prashant Sheshrao Khandare And Others

2025:BHC-AUG:17785 1 904-CA 6851-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6851 OF 2025 IN RAST/20120/2025 Samrudhi Vijay Kandhare And Another .. Applicants

Versus

Prashant Sheshrao Khandare And Others .. Respondents WITH REVIEW APPLICATION (STAMP) NO. 20120 OF 2025 IN WRIT PETITION NO. 4067 OF 2025 Samrudhi Vijay Kandhare And Another .. Applicants

Versus

Prashant Sheshrao Khandare And Others .. Respondents Mr. Arvind S. Deshmukh, Advocate for the Applicants. CORAM : KISHORE C. SANT, J.

DATE : 08th JULY, 2025.

PER COURT :- CIVIL APPLICATION NO. 6851 OF 2025 :

1.

Heard.

2.

For the reasons stated in the application, delay of 95 days stands condoned. The civil application is allowed and disposed of.

2 904-CA 6851-2025.odt REVIEW APPLICATION (STAMP) NO. 20120 OF 2025 : 1.

The purpose of filing this review mainly appears that, when this Court directed the proceeding to be decided at the earliest, the Court is proceeding only with the proceeding of Civil Misc. Application No. 484/2017. The concern of the applicants is that, the order passed was ex-parte in Writ Petition No. 4067/2025. Further, it is pointed out that, respondent No. 3 in the writ petition was dead when the order was passed. Their further concern is that, one Special Civil Suit No. 71/2019 between the same parties is pending before the Civil Court wherein, the same properties are involved. The said suit also shall be considered and be tried along with Civil Misc. Application No. 484/2017 to avoid conflicting findings.

2.

This Court finds that, no error apparent on the face of record as such is pointed out. The applicants had already filed application for clubbing the matters, however, the same is not considered as there is order directing to decide Civil Misc. Application No. 484/2017 preferably by the end of June 2025. In view of the above position, it is open for the applicants to again

3 904-CA 6851-2025.odt file such application for clubbing two proceedings together before the same Court. If such application is filed, the Court shall consider the said application on its own merits without coming into the order passed by this Court directing to dispose of Civil Misc. Application No. 484/2017. It would be appropriate to avoid conflicting judgments.

3.

With this, the review application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.