Ashok Phulchand Bhandari v. Shrimati Shobha Balasaheb Shivale And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8920 OF 2025 IN FIRST APPEAL NO. 1476 OF 2024 Digitally signed by UDAY SHIVAJI JAGTAP Date:
2025.07.14 15:49:42 +0530 UDAY SHIVAJI JAGTAP .. Applicant In the matter between .. Appellant
Versus
Shobha Balasaheb Shivale & Ors.
.. Respondents Mr.Chetan Yadav i/b R.V. & Co., Advocate for the Applicant Mr. Ajay Raje Nimbalkar i/b Mr. Mrinal Shelar, Advocates for Respondent No.13 CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.
DATE:
JULY 11, 2025.
P. C.
1.
The above matter has been moved for speaking to the minutes of the order dated 27th June 2025. It is submitted that in the cause title of the order dated 27th June 2025 the year of the First Appeal is wrongly mentioned as "2021" when it should be "2024".
2.
In light of the aforesaid submission, in the cause title of the order dated 27th June 2025, the words "FIRST APPEAL NO. 1476 OF 2021" shall be substituted with the words "FIRST APPEAL NO. 1476 OF 2024". 3.
No other corrections are sought. The aforesaid correction shall be carried out in the original order as well as in the copy uploaded on the server.
4.
This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] For the sake of convenience the order dated 27th June 2025 (as corrected) is reproduced hereunder:-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8920 OF 2025 IN FIRST APPEAL NO.1476 OF 2024 .. Applicant/ Org.Appellant
In the matter between:- .. Appellant/ Org.Plaintiff
Versus
Shobha Balasaheb Shivale & Ors.
.. Respondents Mr.R.D. Soni i/b R.V. & Co, Advocate for the Applicant. Ms.Mrinal Shelar, Advocate for Respondent No.13.
CORAM
: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.
DATE : JUNE 27, 2025 P. C.
1.
The above Interim Application is filed to set aside the order dated 6th March 2025 under which the above Appeal was dismissed for want of prosecution. This order was passed because none appeared on behalf of the Appellant when the matter was called out. The above Interim Application is filed on 21st March 2025.
2.
Considering these circumstances, we set aside the order dated 6th March 2025 and restore the above Appeal to the file of this Court.
3.
The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 4.
List the above Appeal for admission on 11th July 2025. 5.
This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]