Surekha Raghunath Basugade v. Shakuntala Bhimrao Nikam Since Deceased Through Lrs

20-ia-9039-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9039 OF 2025 IN SECOND APPEAL NO.706 OF 2018 Surekha Raghunath Basugade .....Applicant In the Matter in Between:

Shakuntala Bhimrao Nikam, Since Deceased Through LRs.

.....Appellants Vs.

Raghunath Ganpati Basugade, Since Deceased Through LRs. & Ors.

.....Respondents Mr. Sudhanva S. Bedekar, for the Applicant.

Mr. Nikhil Pawar with Ms. Manasi Patil, for the Respondents/Original Appellant No.1B & 1C.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : 28th JANUARY 2026 P.C.:- 1.

The Applicant/original Respondent No.1(b) has filed this application under order 9 Rule 13 of the Code of Civil Procedure for recalling the order dated 15th June 2023 passed by this Court in Second Appeal No.706 of 2018.

2.

The counsel for Applicant has stated that the order was passed ex parte against the Respondent No.1(b). She came to know about the order, when she received the warrant of execution proceeding Gaikwad RD 1/2

20-ia-9039-2025.doc and thereafter, she has filed this application. As the matter was decided without hearing her and she was not served on proper address, the Applicant/original Respondent No.1(b) has filed this application.

3.

Issue notice to Respondents/original Appellants returnable on 11th February 2026.

4.

Mr. Nikhil Pawar, Advoate waives notice for original Appellant No.1B and 1C.

5.

If the Respondent No.1 herein filed any adjournment application before the Executing Court, the Executing Court may consider the same.

(MRS. VRUSHALI V. JOSHI, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2026.01.28 20:29:39 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2