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Bombay High CourtCP/579/2025dismissed

Sandip Mahadeo Surve v. Hirabai Baburao Korade Dec Thr Lrs

2025-11-04Hon'Ble Shri Justice Anil Laxman Pansare2 pages

16-CP - 579 - 2025 .doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.579 OF 2025 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2025.11.06 18:18:13 +0530 Sandip Mahadeo Surve ... Petitioner V/s.

Hirabai Baburao Korade Deceased Through Legal Heirs, Gajendra Baburao Korade & Ors.

... Respondents Mr. Rugwed R. Kinkar with Mr. Dheeraj Patil for the petitioner.

CORAM

: S. G. CHAPALGAONKAR, J.

DATED : NOVEMBER 4, 2025 P.C.:

1.

Learned Advocate appearing for Petitioner submits that Second Appeal No. 203 of 1994 had been admitted by this Court, and execution of the decree dated 1st March 1994 was stayed. Thereafter, appeal was dismissed for want of removal of office objections on 18th March 2015, and the same was restored vide order dated 14th June 2018 passed in Civil Application No. 316 of 2016. At the time of restoration of the appeal, a statement was made on behalf of Respondent No. 1 that he had no objection to the continuation of the stay to possession, subject to condition that

16-CP - 579 - 2025 .doc hearing of the appeal is expedited. Accordingly, matter was fixed for final hearing from time to time. However, in the meantime, property has been alienated by Respondents in breach of the interim order passed by this Court.

2.

Considering the submissions advanced, issue simple notice to respondent No.1(a), returnable on 2nd December 2025. (S. G. CHAPALGAONKAR, J.)