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Bombay High CourtCA/11714/2025application allowed

Parshuram S/O Muktiram Rasal v. Devanand S/O Tukaram Dhage And Others

2026-02-20Hon'Ble Shri Justice Shailesh P. Brahme2 pages

( 1 ) 92 CA 11714 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 92 CIVIL APPLICATION NO. 11714 OF 2025 IN CRAST/31594/2025 PARSHURAM S/O MUKTIRAM RASAL

VERSUS

DEVANAND S/O TUKARAM DHAGE AND OTHERS ...

Mr. Kadam Vishant Prabhakarrao, Advocate for Applicant ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 20.02.2026 PER COURT :- CIVIL APPLICATION FOR DELAY .

The contesting party is served in this matter but has not caused appearance.

2.

The applicant seeks to condone delay of 161 days in preferring the civil revision application.

3.

The averments of the application have not been controverted. There is no reason to infer any malafides on the part of the applicant to prefer the appeal belatedly.

4.

The delay stands condoned. Civil Application is allowed.

( 2 ) 92 CA 11714 OF 2025 CIVIL REVISION APPLICATION STAMP NO.

5.

Issue notice for final disposal to the contesting party i.e. respondent no.1, returnable on 23.03.2026. The applicant is permitted to serve the respondent no.1 by private mode of service. 6.

It is indicated that the matter shall be decided finally at the admission stage. Parties shall be at liberty to file relevant documents on record.

7.

Leave is granted to incorporate the interim prayer. Amendment be carried out forthwith.

8.

Considering the averments in the plaint and the reliefs sought, the claim of the plaintiff for declaration in respect of sale deed appears to be unsustainable. The suit is filed in the year 2022 when the age of the plaintiff appears to be 35 years. The deceased Tukaram sold the suit land to defendant no.4 in the year 1989. The claim of the plaintiff appears to be inconsistent. 9.

There shall be ad-interim stay to further proceedings in RCS No.506 of 2022 pending before Civil Judge, Junior Division, Parbhani. ( SHAILESH P. BRAHME, J. ) PRW