Urmila Vilas More And Others v. Hanmant Maruti Pawar And Another

(1) AO-723-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR APPEAL FROM ORDER NO.723 OF 2023 URMILA VILAS MORE AND OTHERS

VERSUS

HANMANT M. PAWAR (DECEASED) THR LRS. DILIP H. PAWAR AND ANOTHER ...

Mr. Dhananjayrao D. Rananaware, Advocate for Appellants. Mr. Kirankumar Phakade a/w Mr. Rushikesh Jagdale, Advocate for Respondents.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 25th NOVEMBER, 2025.

FINAL ORDER:- 1.

The present Appeal from Order takes exception to order dated 04.03.2023 passed by District Judge at Satara in Civil Miscellaneous Application No.90/2021.

2.

The appellants had moved said application for restoration of Regular Civil Appeal No.261/2010. However, same has been rejected on ground that already application seeking readmission of Appeal filed on 12.10.2021 below Exhibit-87 is rejected by District Judge. Therefore, Civil Miscellaneous Application No.90/2021 would not be be maintainable. As advised to appellants, present Appeal against Order has been filed.

3.

The present Appeal was taken up for hearing before this Court on 20.12.2024, when it was revealed that in wake of order dated 12.10.2021 passed below Exhibit-87 by District Judge, subsequent

(2) AO-723-2023.odt application for readmission of appeal was not tenable and appellants could have challenged said order by filing Appeal before this Court. Accordingly, appellants had filed Appeal from Order (Stamp) No.325/2025. This Court allowed said Appeal and directed readmission of Regular Civil Appeal No.261/2010. 4.

In that view of matter, order dated 04.03.2023 passed in Civil Miscellaneous Application No.90/2021 rendered inconsequential. Eventually, nothing survives for consideration in present Appeal from order.

5.

In result, Appeal from Order stands disposed of. (S. G. CHAPALGAONKAR) JUDGE Devendra/November-2025