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Bombay High CourtCAS/371/2025ca disposed off

Prakash Shankarrao Phopase v. Hariram Jagannath Badwak And 2 ORS

2025-09-10Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

18.sa.344.07 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.371 of 2025 in Second Appeal No.344 of 2007 Prakash s/o Shankarrao Phopase vs.

Shri Hariram s/o Jagannath Badwaik and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. P.D. Pisurde h/f Mr. S.V. Sirpurkar, Advocate for the Applicant/Appellant. Mr. Nitin Vyawahare, Advocate for Non-Applicant/Respondent Nos.1 and 2.

CORAM:

ROHIT W. JOSHI, J.

DATE :

th SEPTEMBER, 2025.

This is an application filed by the appellant praying to frame additional substantial questions of law relating to res judicata as enumerated in the application.

02.

Mr. Vyawahare, learned Advocate for respondent Nos.1 and 2 states that he has taken note of the proposed substantial questions of law and is ready to advance submissions with respect to the same. He further states that the questions may not be framed, since they do not arise for consideration. He further states that even if, it is found that the question(s) arise(s) for consideration, he will be ready to advance his submission on merit at the time of final hearing. 03.

Both the learned Advocates pray that the appeal be posted for final hearing along with connected Second Appeal No.535/2006. 04.

The appeals are posted for final hearing on 19th September, 2025. In the event, the appeals are not heard on the said date, Civil

18.sa.344.07 2/2 Application [CAS] No.167/2024 filed by the appellant in Second Appeal No.535/2006 for grant of temporary injunction will be considered on its own merits.

JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 10/09/2025 19:05:16