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Bombay High CourtIA/11835/2024disposed off

Shri Baburao Laxman Sankhe (Deceased) Thr.Lrs.Smt. Bharati Baburao Sankhe And ORS v. Shri. Namdeo Bhau Mohite (Deceased)

2026-01-28Hon'Ble Justice Shri Arif S. Doctor3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 419 OF 2017 Mr. Bhagwan Nivrutti Khade ...Appellant

Versus

Shri Baburao Laxman Sankhe (Deceased) Thr.Lrs.Smt.

Bharati Baburao Sankhe And Ors.

...Respondents

WITH INTERIM APPLICATION (ST) NO.10860 OF 2022 WITH INTERIM APPLICATION NO.11834 OF 2024 WITH INTERIM APPLICATION NO.11839 OF 2024 WITH CIVIL APPLICATION NO.16 OF 2023 IN APPEAL FROM ORDER NO. 419 OF 2017 WITH APPEAL FROM ORDER NO.420 OF 2017 WITH INTERIM APPLICATION NO.11835 OF 2024 WITH INTERIM APPLICATION NO.11837 OF 2017 WITH INTERIM APPLICATION NO.11841 OF 2024 WITH CIVIL APPLICATION NO.17 OF 2023 IN APPEAL FROM ORDER NO.420 OF 2017 WITH APPEAL FROM ORDER NO.421 OF 2017 WITH CIVIL APPLICATION NO.18 OF 2023 WITH

2/3 INTERIM APPLICATION NO.11836 OF 2024 WITH INTERIM APPLICATION NO.11838 OF 2024 IN APPEAL FROM ORDER NO.421 OF 2017 _______ Mr. Piyush Todkar, for the Appellants in all AO. Mr. Nitin Gangal i/b Prapti Karkera, for Respondent Nos. 1 to 5 in all AO. _______ CORAM : ARIF S. DOCTOR, J.

th JANUARY, 2026 DATE : 28 P.C.

INTERIM APPLICATION NO.11841 OF 2024 1.

The present Interim Applications seeks the reliefs: "a) This Hon'ble Court be pleased to condone the delay of 169 days in filing the present Interim Application.

b) This Hon'ble Court be pleased to add the Applicants as Appellant No 1/1 to 1/4 in the Appeal from Order No. 420 of 2017. c) Pending the hearing and final disposal of this Interim Application this Hon'ble court be pleased to stay the further proceeding of RCS no. 100/1992, 104/1992 and 107/1992 as also any fresh survey or joint survey as per order dated 13/07/2017 passed by this Hon'ble Court." 2.

Mr. Todkar, learned counsel for the Appellants submits that he is not pressing prayer clause (c) and is confining the application only to implead the Applicants as Appellant Nos.1/1 to 1/4 in place and in stead of the original Appellants. To this, there is no opposition by learned counsel for the Respondents.

3.

Hence, the Interim Application is allowed in terms of prayer clauses (a) and (b) and dismissed as not pressed in terms of prayer clause (c).

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Amendment to be carried out within a period of two weeks from today. Amended copy to be served on the Respondents. th February 2026.

5.

Stand over to 18 [ARIF S. DOCTOR, J.]