Tarabai Nana Kurhe v. Aruna Tukaram Dhokrat

80-IA-6583-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6583 OF 2025 IN SECOND APPEAL (ST) NO.2942 OF 2024 Tarabai Nana Kurhe & Ors.

...Applicants

Versus

Aruna Tukaram Dhokrat

...Respondents

(Since deceased through legal heirs) 1-A Vibhavari Ramnath Kurhe & Ors.

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.08.05 20:11:58 +0530 ARJUN VITTHAL KUDHEKAR ______________________________________________________________ Mr. Vikram A. Sathaye (Through VC) i/b Hrishikesh Shinde, for the Applicants.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 04 AUGUST 2025 P.C.:

1.

The Interim Application is taken out seeking recall of the Order dated 2nd April 2024 passed by the learned Registrar (Judicial-II), by which the Second Appeal is dismissed for non removal of office objections.

2.

The Applicant has sought to recall the Order by which the Second Appeal (Stamp) No.2942 of 2024 is rejected and also seeking that Interim Application (Stamp) No.13089 of 2024 and Interim Application (Stamp) No.11828 of 2024 be restored to the file. 3.

Perusal of the record shows that the Second Appeal has been dismissed at the pre-admission stage and even notice has also not been issued to the Respondents.

80-IA-6583-2025.doc 4.

Accordingly, for the reasons set out in the Interim Application, the same is allowed. The Order dated 2nd April 2024 passed by the learned Registrar (Judicial-II) is recalled.

5.

The Second Appeal as well as Interim Application (Stamp) No.13089 of 2024 and Interim Application (Stamp) No.11828 of 2024 are restored to the file, subject to the condition that the Applicants remove office objections within a period of 12 weeks from today. 6.

The Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]