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Bombay High CourtIA/10454/2025disposed off

Ravindra Kumar Dugani And ORS v. Mallappa Hanmant Dugani

2025-08-05Hon'Ble Shri Justice Madhav J. Jamdar2 pages

25 IA 10454.25 IN SA 303.17.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10454 OF 2025 IN SECOND APPEAL NO.303 OF 2017 BHALCHANDRA GOPAL DUSANE Ravindra Kumar Dugani & Ors.

...Applicants

Versus

Mallappa Henmant Dugani & Ors.

...Respondents

BHALCHANDRA GOPAL DUSANE Date: 2025.08.05 20:10:28 +0530 Ms. Komal M. Gosavi i/by Mr. Sachin Hande, Advocate for Applicants.

Ms. Manjiri Parasnis, Advocate for Respondents.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

5th August 2025 P.C.:

1.

The Interim Application is taken out for restoration of the Second Appeal No.303 of 2017 alongwith Civil Application No.1559 of 2014 to the file of this Court.

2.

By Order dated 11th December 2018, a learned Single Judge has dismissed the Second Appeal for non-prosecution and consequently dismissed the Civil Application No.1559 of 2014 as same does not survive.

3.

Although, Ms. Parasnis, learned Counsel for the Respondents strongly opposes the Application, however, for the reasons set out in the Interim Application, the same is allowed. Dusane

25 IA 10454.25 IN SA 303.17.DOC 4.

Consequently Order dated 11th December 2018 of a learned Single Judge, dismissing the Second Appeal as also Civil Application is recalled. The said Second Appeal alongwith Civil Application is restored to the file of this Court. 5.

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

(MADHAV J. JAMDAR, J.) Dusane