Bombay High CourtCA/567/2020application allowed

Bhimrao Govindrao Chavan L.Rs. Pralhad Bhimrao Chavan And Others v. Keshav Tumaram Sawade Lrs. Kesarbai Keshav Sawade And Others

2021-08-26Hon'Ble Smt. Justice Vibha Kankanwadi36 pages

902 SECOND APPEAL NO.569 OF 2019 WITH CA/12533/2019 IN SA/569/2019 RAMPRASAD BHAURAO KHAPRE KUNTABAI RAMPRASAD KHAPRE Advocate for Appellant : Mr. Kadam Vishant P. Mr. Chavan Sudhir K., Adv. For R/sole(absent)

903 CIVIL APPLICATION NO.2021 OF 2019 IN SAST/12207/2018 WITH CA/2022/2019 IN SAST/12207/2018 CHIEF OFFICER, DEVLALI PRAVARA NAGARPALIKA MURLIDHAR DAMODHAR NAGARKAR LRS MANOHAR AND OTHERS Advocate for Applicant : Mrs. Palve (Ghule Renuka B.) .......

904 CIVIL APPLICATION NO.4797 OF 2020 IN SAST/31160/2018 KRISHNA MOTIRAM ROKDE SARALA RAJENDRA MARATHE Advocate for Applicant : Mr. Shah Subodh P.

...

906 CIVIL APPLICATION NO.5944 OF 2020 IN SAST/12113/2019 WITH CA/6926/2021 IN SAST/12113/2019 WITH CA/5945/2020 IN SAST/12113/2019 SANTOSH PRABHAKAR TEJBAND AND OTHERS SHANKUNTALABAI PRABHAKAR TEJBAND AND OTHERS Advocate for Applicants : Mr. Deshmukh Arvind .....

Await Service of Respondent/s, S.O. after four weeks.

905 CIVIL APPLICATION NO.5941 OF 2020 IN SAST/38620/2018 WITH CA/5940/2020 IN SAST/38620/2018 SHIVAJI DAGDU MISAL SOPAN PANDURANG KATORE AND OTHERS Await service. S.O. after four weeks.

Learned Advocate MG Kasturkar h/for Mrs. MA Kulkarni, Adv. submits that she has instructions to appear for Respondent Nos.1 and 2. She may file her Vakalatnama on behalf of them within two weeks.

907 SECOND APPEAL NO.282 OF 2021 PARBHANI CITY MUNICIPAL CORPORATION, PARBHANI THR. ITS DEPUTY COMMISSIONER PRADEEP GANPATRAO JAGTAP PREMKUMAR DILIPKUMAR DAGA AND ANOTHER Advocate for Appellant : Mr. Bora Satyajit S. Await R and P.

S.O. to six weeks.

908 CIVIL APPLICATION NO.5939 OF 2020 IN SAST/38859/2018 VIJAYKUMAR BHAGWANTRAO DEV BHAGYASHREE ANIL UGALE Advocate for Applicant : Mr. Kulkarni Sanket S. And S.S. Kulkarni Learned Advocate for the applicant to supply fresh address of the sole respondent as the notice has been returned unserved on the ground that the respondent is not found on the given address.

Fresh address to be furnished within two weeks. If the fresh address is supplied, issue notice to the respondent, returnable after four weeks thereafter.

909 CIVIL APPLICATION NO.5942 OF 2020 IN SAST/9816/2019 WITH CA/5943/2020 IN SAST/9816/2019 ARUN SHANTVANRAO SHINDE SUSHILA PRAKASH BANSODE Advocate for Applicant : Mr. Bedre Vinayak Sudhakar Learned Advocate for the applicant to supply fresh address of the sole respondent as the notice has been returned unserved on the ground that the address is incorrect.

The fresh address to be furnished within two weeks. If the fresh address is supplied, issue notice to the respondent, returnable after four weeks thereafter.

910 SECOND APPEAL NO.265 OF 2011 WITH CA/15050/2018 IN SA/265/2011 WITH CA/7898/2021 IN SA/ 265/2011 ASHOK MAHIPATI WAYAKINDE.

SHANTABAI KASHINATH MADE and OTHERS.

Call papers of CA No. 5263/2015.

S.O. to 9.9.2021.

911 SECOND APPEAL NO.57 OF 2013 SHAHU KISHANRAO GAYAKE VITHAL TUKARAM GAYAKE AND ANR Advocate for Appellant : Mr. Kalani Pravin N. Mr. Katneshwarkar Dattatrayav For R/1 And 2 Learned Advocate appearing for appellant submits that he has received instructions that the appellant has expired. He had made that scanty statement on the last date also. But, still when it was insisted, he had started with advancing the submissions. So also the order was passed that he should come prepared. Now also, he is not giving a date of death of the appellant and submits that he has called for Death Certificate. The matter is pending since 2013 and absolutely it is not prosecuted properly.

As a last chance, to take steps, S.O. to 15.9.2021. 3.

If no steps are taken on or before the due date, further order would be passed along with possibility of imposing cost.

912 CIVIL APPLICATION NO.7687 OF 2012 IN SAST/17274/2012 PANDIT RAJARAM LANDE AND ANR PARWATIBAI LAXMANRAO GAWADE AND ORS Advocate for Applicants : Mr. Chapalgaonkar Shailesh S. Mr. A T Kanwade, Adv. For R/1;

Mr. Shingare Chandrasen A., Adv. For R/7.

Present application has been filed for getting delay of 135 days condoned caused in filing the second appeal. Learned Advocate/s for the respondents have strongly opposed the application.

The applicants are agriculturists, were unaware about the legal necessity; facing financial difficulties and, therefore, could not approach the Court within limitation. Taking into consideration the reasons set out in the application, the delay stands condoned. The application stands allowed and disposed of. 4.

Registry to verify and register the appeal.

913 CIVIL APPLICATION NO.1773 OF 2020 IN SAST/933/2020 AVINASH ANANTRAO DHARMADHIKARI PURSHOTTAM PANDURANG ANTAPURKAR DIED LRS.

MANISHA DEEPAK ANTAPURKAR AND OTHERS Advocate for Applicant : Adv. P.S. Mantri Mr. P. B. Patil, Adv. For R/1a To E, 2a To 2c Present application has been filed for getting delay of 62 days condoned caused in filing the second appeal. Learned Advocate/s for the respondent/s strongly opposed the application.

Taking into consideration the reasons set out in the application and the duration of the delay, the delay stands condoned. The application stands allowed and disposed of. 4.

Registry to verify and register the appeal.

914 CIVIL APPLICATION NO.4862 OF 2020 IN SAST/37035/2018 SUBHASH TUKARAM THAKRE SUNITA SUBHASH THAKRE Advocate for Applicant : Pawar Haribhau B And Hrishikesh V. Tungar AGP for Respondents:

Advocate for Respondents :

A. J. Patil For R/sole

915 CIVIL APPLICATION NO.5946 OF 2020 IN SAST/29846/2018 HARIBHAU HOUSRAO WAJE (DIED) LRS GIRJABAI AND OTHERS SAYAJI HOUSRAO WAJE AND ANOTHER Advocate for Applicants : Mr. Kakde Yuvraj V. Mr. A. V. Hon, Adv. For R/1, 2 Present application has been filed for getting delay of 8 days condoned caused in filing the second appeal. Learned Advocate/s for the respondents strongly opposed the application.

Taking into consideration the reasons set out in the application and the duration of the delay, the delay stands condoned. The application stands allowed and disposed of. 4.

Registry to verify and register the appeal.

917 SECOND APPEAL NO.135 OF 2020 WITH CA/3931/2020 IN SA/135/2020 ASHOK DADA AHER AND ANOTHER KARBHARI MAHADU AMBARE AND OTHERS Advocate for Appellants : Mr. Nagargoje Ankush N. Learned Advocate for appellants to produce a copy of paper book of the documents, if any, he wants to rely upon.

S.O. to 16.9.2021.

918 SECOND APPEAL NO.356 OF 2021 SHIVA ENTERPRISES THRO. PARTNER DHOOPNARAYAN RAJKARANSINGH THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA) THRO SECRETARY AND OTHERS Advocate for Appellant : J.n. Singh And G.k. Muneshwar AGP for Respondents:

Advocate for Respondents :

919 SECOND APPEAL NO.589 OF 2012 PRABHU NAGORAO JADHAV AND ORS BHAGWAN SAKHARAM JADHAV AND ORS Advocate for Appellants : Gadegaonkar Bharat N. AGP for Respondents:

Advocate for Respondents :

R/1 To 3, 5 Served Chillarge Subhash S. For R/1. R/4 Abated

920 SECOND APPEAL NO.72 OF 2013 WITH CA/900/2013 IN SA/72/2013 RAMESH LALA PATIL RAVINDRA SAMBHU CHAUDHARI THR GPA SAMBHU DULLADH CHAUDHARI Advocate for Appellant : Mr. Patil Mahesh H.

Respondent sole is served Learned Advocate for appellant submits that he has been instructed that the sole respondent has expired last month.

S.O. to 27.9.2021.

In the meantime, the learned Advocate to produce a copy of paper book of the first Appellate Court.

921 SECOND APPEAL NO.764 OF 2018 WITH CA/14274/2019 IN SA/764/2018 WITH CA/11621/2019 IN SA/764/2018 WITH CA/13768/2018 IN CA/13769/2018 WITH CA/11483/2018 IN SA/764/2018 WITH CA/13769/2018 IN CA/11483/2018 WITH CA/136/2020 IN SA/764/2018 LIMBRAJ GOVINDRAO SALUNKE (DIED) LRS SHARAD AND OTHERS NIVARTI BALI DHEKALE AND OTHERS Advocate for Appellants : Mali D.s.

AGP for Respondents:

Advocate for Respondents :

D.d. Sarwade Patil For R4 Cvtr Choudhary S.s. For R/1 To 4 V.b. Patil For R/5 (vp Not Filed)

922 SECOND APPEAL NO.119 OF 2020 WITH CA/3223/2020 IN SA/119/2020 SHOBHA SURENDRA JAGTAP SURENDRA VASANTRAO JAGTAP (SHIMPI) Advocate for Appellant : Mr. Bhamre Manish V Mr. Prashant Gole, Adv. h/for Mr. V. D. Gunale For R/sole

923 CIVIL APPLICATION NO.508 OF 2020 IN SAST/31187/2019 NILA BALASAHEB BHARATE BALASAHEB PRALHAD BHARATE Advocate for Applicant : Lomte Arun S.

AGP for Respondents:

Advocate for Respondents :

Undre Vikram S For R/sole

924 CIVIL APPLICATION NO.759 OF 2020 IN SAST/7556/2019 BANSI VITTHAL TACHTODE LAXMAN DEORAO SONTAKKE AND OTHERS Advocate for Applicant : Mr. Murge Estling S; Mr. Prashant H.Sukale, Adv. For Resp.No.1.

Mr. Prashant Sukale, has instructions to appear on behalf of Respondent No.1. He may file his Vakalatnama within a period of one week.

This is an application for getting delay of 5 days condoned in filing Second Appeal.

Learned Advocate for the respondent has strongly opposed for condoning the delay.

Taking into consideration the duration of the delay, and reasons stated in the application, it deserves to be condoned and it is accordingly condoned. The Civil Application stands allowed and disposed of.

Registry to verify and register the appeal.

925 CIVIL APPLICATION NO.257 OF 2020 IN SAST/20963/2018 SHYAMRAO MADHAV KOLHE ARJUN NARAYAN (ELDER) KOLHE AND ORS Advocate for Applicant : Mr. Shinde Ganesh P. Mr. Pathan Hamzakhan I., Adv./ For R/1 To 5 . Present application has been filed for getting delay of 70 days condoned caused in filing the second appeal. Learned Advocate/s for the respondents has strongly opposed the application.

Taking into consideration the reasons set out in the application, the delay stands condoned. The application stands allowed and disposed of.

Registry to verify and register the appeal.

926 CIVIL APPLICATION NO.567 OF 2020 IN SAST/38660/2019 BHIMRAO GOVINDRAO CHAVAN L.RS. PRALHAD BHIMRAO CHAVANAND OTHERS KESHAV TUMARAM SAWADE LRS. KESARBAI KESHAV SAWADE ANDOTHERS Advocate for Applicants : Mr. Shete Gajanan S Ms.Shital Jadhav, Adv. h/for Mrs. Wadmare Sanghmitra For R/1b, 1c, 1d, 2 To 4.

Present application has been filed for getting delay of 63 days condoned caused in filing the second appeal. Learned Advocate/s for the respondents strongly opposed the application.

Taking into consideration the reasons set out in the application and duration of the delay, the delay stands condoned. The application stands allowed and disposed of. 4.

Registry to verify and register the appeal.

927 CIVIL APPLICATION NO.5503 OF 2018 IN SAST/9477/2018 HYDERSAB DASTGIR SHAIKH SUGRABEE ALLABAKSH MANIYAR Advocate for Applicant : Patil Hanmant V.

Choudhary S.s. For R/sol

930 CIVIL APPLICATION NO.15294 OF 2019 IN SAST/36238/2019 VITTHAL RAOSAHEB HOLAMBE MADHUKAR VAIJNATH BURANDE AND OTHERS Advocate for Applicant : Mr. Ambad Shrinivas A Mr. Warad Sunil V., Adv. R/1 To 3 .

On the request of learned Advocate for the respondents, as a last chance, S.O. to one week.

931 CIVIL APPLICATION NO.775 OF 2020 IN SAST/23877/2019 WITH CA/776/2020 IN SAST/23877/2019 LATE MADHUKAR YASHWANT HARDE THRO. SUMAN MADHUKAR HARDE AND OTHERS DINKAR YASHWANT HARDE AND OTHERS Advocate for Applicants : Ostwal Abhaykumar D AGP for Respondents:

Advocate for Respondents :

Rahul R. Karpe For R/1 Ad 3 R/2 Served.

932 SECOND APPEAL NO.83 OF 2013 WITH CA/5856/2013 IN SA/86/2013 WITH CA/5857/2013 IN SA/83/2013 WITH SA/86/2013 RAMA NAROBA PATWE AND ORS SHANKAR BALLAPPA BHARARE Advocate for Appellants : Mr. Sagar V.Patil,Adv. h/for Mr. Katneshwarkar P.R.

Learned Advocate Mr. Sagar Patil, holding for Advocate Mr. Katneshwarkar for appellants, seeks accommodation.

As a last chance, since the Second Appeal is pending since 2013 only for admission, S.O. to 9.9.2021. 3.

If no submissions are made on that day, the appeal would be liable to be dismissed.

933 SECOND APPEAL NO.85 OF 2013 ABDUL JAVID ABDUL SAIED SHAIKH AND ANR HARISH VYANKATRAO MORE Advocate for Appellants : Mr. Parikshit Mantri,Adv. h/for Mr. PV Barde, Adv.

Mr. Sagar Killarikar Balaji . And Anmole K.G., Adv. For R/1. Learned Advocate Mr. Parikshit Mantri holding for Advocate PV Barde, submits that they are having instructions to appear in the matter on behalf of the appellants and they would file proper Vakalatnama within a period of two weeks. Since the matter is pending from 2013 only for admission, only one chance is given. Submissions should be made on 20th September, 2021. In case of failure, the appeal is liable to be dismissed.

934 SECOND APPEAL NO.92 OF 2013 RUPESH VENKATI MORE U/G RUPALI VENKATI MORE AND ANR VENKATI RAOSAHEB MORE AND ORS Advocate for Appellants : Mr. Suraj R Bagal Mr. Ghatge Mahesh V,Adv. For R/1 to 4 Learned Advocate holding for Mr. Bagal submits that Mr.Bagal has personal difficulty Since the matter is pending from 2013 only for admission, only one chance is given. Submissions should be made on 20th September, 2021. In case of failure, the appeal is liable to be dismissed.

935 SECOND APPEAL NO.93 OF 2013 GUNWANT VISHWANATH THORAT AND ORS MAKBUL RASHUL SHAIKH AND ORS Advocate for Appellants : Choudhary S.s.

AGP for Respondents:

Advocate for Respondents :

Dhananjay Deshpande For /1-cvtr

936 SECOND APPEAL NO.96 OF 2013 WITH CA/1156/2013 IN SA/96/2013 BHUJANGRAO BAPURAO SARVADE UTTAM MUNJABA KORDE AND ORS Advocate for Appellant : Mr. Mane V.M.

Mr. M P Tripathi, Adv. For R/1 And 2-cvtr Learned Advocate Mr.Mane for appellant submits that he has received the instructions that the parties had settled the matter outside the Court and the appellant has given possession to the respondents.

Learned Advocate Mr.Tripathi for respondents submits that his client has received the possession. However, learned Advocate Mr.Mane wants to put it on record. 3.

Under such circumstance, S.O. to 15.9.2021.

937 SECOND APPEAL NO.97 OF 2013 WITH CA/1157/2013 IN SA/97/2013 LALITADAS AMBADAS DOIPHODE VIJAY CHAGAN THAKARE Advocate for Appellant : Mr. Solshe Vinesh C Learned Advocate for the respondent has filed leave note.

Since R and P has also been received, if it is convenient to this Court to dispose of the appeal finally at the admission stage, then it would be heard so on 24.9.2021. 3.

Both the parties to go through the R and P.

938 SECOND APPEAL NO.102 OF 2013 VITHAL GOVIND KAUTIKWAR TRIMBAK GOVIND KAUTIKWAR Advocate for Appellant : Mr. Bhavthankar Vivek Vasantrao Learned Advocate Mr. Bhavthankar appearing for appellant submits that the appellant as well as the respondent are no more. It is informed that the appellant is expired about six months back whereas the respondent has expired about a year ago.

Apparently, it seems that the appeal stood abated. However, time is granted to produce Death Certificate as well as to take steps, if any. Failure on the part of the appellant to take steps, would be presumed that the appeal has abated. 3.

S.O. to 27.9.2021.

939 SECOND APPEAL NO.330 OF 1997 WITH CA/4682/1997 IN SA/330/1997 WITH CA/14888/2017 IN SA/330/1997 WITH CA/4683/1997 IN SA/330/1997 MAHANANDA SUBHASH PATIL and ANOTHER.

SHARANAPPA MARLLIKARJUNAPPA RAJURE(L.RS.)SHASHIKAL Advocate for Appellants : Mr. Deshpande Gaurav L Gundre Suraj V For R/1/2 To 1/9 Learned Advocate Mr. Deshpande, appearing for the appellants submits that, learned Advocate Mr. Gundre, who is appearing for the respondents, after the intimation for final hearing was given to him, has expressed his inability to attend the Court today saying that he would be busy before the another Court.

Under such circumstance, S.O. to 1.10.2021 at 2.30 pm.

940 SECOND APPEAL NO.1648 OF 2005 KAMALABAI VITHALRAO JADHAV DARUBAI DAJIBA AND OTHERS Advocate for Appellant : Shri D.R.shelke Mrs.Shelke Sunita Dasharat, Adv. For R/3-a;4 & 5. Learned Advocate Mr. Godamgaonkar submits that his appearance has not been shown, however, he was intimated about listing of the matter by learned Advocate for Respondent Nos. 3 to

5. He seeks accommodation.

Apparent search of the record does not show appearance of Advocate Mr. Godamgaonkar. But, this Court shall not miss any part and it should not happen that a party, for whom he might have been representing if at all, should remain unheard. Therefore, learned Advocate Mr.Godamgaonkar to go through the record and make a statement on the next date as to whether he appears for any party and if he appears, he should be ready with the matter.

Place the matter for final hearing on 23.9.2021at 2.30 pm.

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