Shivlingappa Sidhappa Gurav And ANR v. Laxmibai Gurushantappa Shatgar And ORS

3-wp-10958-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10958 OF 2024 Shivlingappa Sidhappa Gurav & Anr.

.....Petitioners Vs.

Laxmibai Gurushantappa Shatgar & Ors......Respondents None for the Petitioners.

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 10th DECEMBER 2025 P.C.:- 1.

On 13th September 2024, Writ Petition was adjourned at request of learned Advocate appearing for Petitioner. On 11th September 2025, none appeared for Petitioner. Thereafter, on 6th November 2025, none appeared for Petitioner, hence, matter is posted on today's board under caption of 'Dismissal'. 2.

The perusal of Writ Petition shows that challenge is raised to Judgment and Decree dated 17th February 2024 passed by District Judge, Solapur in Regular Civil Appeal No.110 of 2019. By said order, learned District Judge has confirmed Judgment and Decree passed by learned Civil Judge, Junior Division, Akkalkot in Regular Civil Suit No.4 of 2008. Apparently, when Petitioner seeks to Gaikwad RD 1/2

3-wp-10958-2024.doc challenge Judgment and Decree passed by learned trial Court, which is confirmed by Appellate Court, remedy would be under Section 100 of Code of Civil Procedure. Therefore, the very Writ Petition would not be maintainable.

3.

In that view of matter, Writ Petition stands dismissed as not maintainable as well as for want of prosecution. (S. G. CHAPALGAONKAR, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2025.12.12 10:45:29 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2