Somanath Jyotiram Atale And Others v. Yashodha Alias Banubai Dagadu Shedge And Others

902-WP - 11563 - 2025.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11563 OF 2025 VAIBHAV RAMESH JADHAV Somnath Jyotiram Atale & Ors.

... Petitioners V/s.

Yashoda Alias Banubai Dagadu Shedge & Ors.

... Respondents VAIBHAV RAMESH JADHAV Date: 2025.10.09 13:57:49 +0530 Ms. Trupti T. Padekar with Mr. Vaibhav R. Gaikwad (through V.C.) for the petitioners.

CORAM

: S. G. CHAPALGAONKAR, J.

DATED : OCTOBER 8, 2025 P.C.:

1.

The petitioners - original defendants impugns order passed by learned Civil Judge, Senior Division, Satara, whereby evidence of defendants was closed, and an application for setting aside order of closure of evidence is dismissed with costs of Rs. 10,000/-.

2.

Looking to controversy involved in matter and contention of petitioners that they are ready to compensate plaintiffs by depositing costs, issue notice to respondents, returnable on 19th November 2025.

3.

The petitioners to deposit an amount of Rs. 25,000/- before learned Trial Court within a period of one week from today to show their bonafides. Subject to such deposit, there shall be ad-

902-WP - 11563 - 2025.doc interim relief in terms of prayer clause (b). 4.

In addition to Court notice, petitioners shall be at liberty to serve respondents by any other alternate mode, as permissible under law, and file an affidavit of service by returnable date. 5.

In case of failure to serve notice to respondents by returnable date or deposit of amount with Trial Court, ad-interim relief granted shall be deemed to be vacated.

(S. G. CHAPALGAONKAR, J.)