Sandip Mahadeo Surve v. Hirabai Baburao Korade Dec Thr Lrs

20-cp-579-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.579 OF 2025 Sandip Mahadeo Surve .....Petitioner Vs.

Hirabai Baburao Korade, Since Deceased Through LRs.

.....Respondents Mr. Rugwed R. Kinkar with Mr. Dheeraj D. Patil, for the Petitioner. Ms. Neha G. Deshpande with Mr. N. G. Kamble, for the Respondent No.1(C).

CORAM : ANIL L. PANSARE, J.

DATED : 23rd APRIL 2026 P.C.:- 1.

The Petitioner has approached this Court alleging willful disobedience of the order dated 14th June 2018 passed by the learned Single Judge in Civil Application No.316 of 2016 in Second Appeal No.203 of 1994. By the said order, while disposing of the application, the Court directed the Registry to add the Second Appeal to the final hearing board with effect from 9th July 2018. 2.

This application was filed for restoration of Second Appeal. The Appeal was restored. The Appellant made a request to continue the order of stay which was granted earlier. The counsel for Respondent No.1 showed no objection to continue the order granting stay to possession, subject to expeditious hearing of appeal. Gaikwad RD 1/2

20-cp-579-2025.doc 3.

The learned Single Judge though directed the Registry to add the appeal in the final hearing board with effect from 9th July 2018, has not restored the order of stay to the possession, as granted previously.

4.

In that view of the matter, it would be impermissible for the Petitioner to allege disobedience of order, much less wilful disobedience of order.

5.

The Contempt Petition is accordingly dismissed. (ANIL L. PANSARE, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2026.04.24 19:32:52 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2