Purshottam S/O Parasram Nagpure And Others v. Mahatma Gandhi Smark Samiti, Lakhani, Thr. President Dr. Vikas Shankarrao Gabhane

1 17-cao 1372.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 1372 OF 2025 IN MISC. CIVIL APPLICATION (STAMP) NO. 16939 OF 2025 IN CIVIL REVISION APPLICATION NO. 80 OF 2019 (D) ( PURSHOTTAM S/O PARASRAM NAGPURE AND OTHERS VS MAHATMA GANDHI SMARK SAMITI, LAKHANI, THR. PRESIDENT DR. VIKAS SHANKARRAO GABHANE ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. Harshad H. Jichkar, Advocate for appellants.

CORAM

:

ROHIT W. JOSHI, J.

DATED :

MARCH 27, 2026 1) Perusal of office note dated 25/03/2026 indicates that the respondent No.1 is served by regular mode and notice to respondent No.2 by regular mode is received back unserved. 2) The applicant has filed affidavit of service along with the Consignment/MO Tracking Report which indicates that notice by private mode is served on both the respondents on 09/02/2026. There is no appearance on behalf of the respondent. Civil Revision Application No.80/2019 was dismissed for default vide order dated 13/12/2024 on account of failure to take appropriate steps. There was no appearance on behalf of the applicant because the learned advocate representing the applicant has left for heavenly abode. 3) Learned advocate for the applicants informs that the learned Executing Court has issued warrant of possession. KOLHE

2 17-cao 1372.2025.odt Execution of the decree impugned in the Revision was stayed by this Court vide order dated 26/10/2016. Since the respondents are served and have not entered appearance and interim order was operating till the dismissal of the Revision Application in default, as also having regard to the fact that the Revision Application came to be dismissed on account of failure to take appropriate steps due to sad demise of learned advocate, interim order dated 26/10/2016 is extended till the next date. 4) Issue fresh notice to the respondent No.2. The applicants are directed to serve the said respondent by speed post in addition to regular mode of service. Service by regular mode be effected through special bailiff. The applicant is also directed to serve notice of applications to learned advocate representing the respondents/decree holders appearing before the learned Executing Court. Applicants shall file affidavit of service before the returnable date.

5) Stand over to 07/04/2026. Request for adjournment on behalf of the applicants will not be entertained. ( ROHIT W. JOSHI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 27/03/2026 18:49:23