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Bombay High CourtAO/56/2026disposed off

Smt. Renuka Shashikant Dhanawade And Others v. Mr. Ramakant Kondiram Dhanwade And Others

2026-02-02Hon'Ble Shri Justice Milind N. Jadhav2 pages

18.AOST.40747.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 40747 OF 2025 WITH INTERIM APPLICATION (ST) NO. 40763 OF 2025 IN APPEAL FROM ORDER (ST) NO. 40747 OF 2025 Renuka Shashikant Dhanawade and Ors.

.. Appellants

Versus

Ramakant Kondiram Dhanawade and Ors.

.. Respondents WITH APPEAL FROM ORDER NO. 56 OF 2026 WITH INTERIM APPLICATION NO. 361 OF 2026 IN APPEAL FROM ORDER NO. 56 OF 2026 Renuka Shashikant Dhanawade and Ors.

.. Appellants

Versus

Ramakant Kondiram Dhanawade and Ors.

.. Respondents ....................

 Mr. Vaibhav Sugdare a/w. Mr. Shubham Mishra, Advocates i/by Ashok Mishra for Appellants.

 Mr. Sayyad Abbas Rizvi, Advocate for Respondent No.1.  Mr. Neel Gala a/w. Mr. Kaivalya Raul and Ms. Tanvi Patil, Advocates for Respondent No.3.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 02, 2026.

P.C.:

1.

Heard Mr. Sugdare, learned Advocate for Appellants; Mr. Rizvi, learned Advocate for Respondent No.1 and Mr. Gala, learned Advocate for Respondent No.3.

18.AOST.40747.2025.doc 2.

On 05.01.2026, this Court passed the following order in Appeal From Order (St.) No.40747 of 2025:- "1.

Not on Board. Mentioned by way of filing praecipe dated 05.01.2026. Perused the praecipe. In view of exigency mentioned by Mr. Mishra, Interim Application is taken up for hearing.

2.

Heard Mr. Mishra, learned Advocate for Appellants. 3.

Since grievance is made before the Court that the registered Agreement which has been entered into by the Defendants with Developer contains fraudulent statements, inter alia, affecting the rights of the Plaintiffs, issue notice to Respondents.

4.

Humdast permitted. In addition to Court's notice, Appellants are directed to serve the Respondents a copy of this order and copy of Appeal from Order and Interim Application and inform about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof.

5.

Respondents are directed to file Affidavit-in-Reply, if so desired on or before the next adjourned date. 6.

Stand over to 15th January, 2026."

3.

Today, Mr. Rizvi enters appearance for the contesting Respondent No.1. He is directed to file Affidavit-in-Reply to the Interim Applications and comply with the directions contained in the order dated 05.01.2026. Affidavit-in-Reply is directed to be filed within a period of two weeks from today. Copy of the same shall be served on the other side in advance.

4.

Stand over to 16th February 2026.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2026.02.02 17:48:38 +0530 AJAY TRAMBAK UGALMUGALE