Shri Maruti Dattu Patil Thr His Power Of Attorney Holder Shri Anandrao Maruti Patil v. Shrimati Vimal Mahadev Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10817 OF 2025 IN SECOND APPEAL (ST) NO.4235 OF 2020 Maruti Dattu Patil through his Power of Attorney Holder Anandrao Maruti Patil ...Applicant

Versus

Vimal Mahadev Patil & Ors.

...Respondents

Mr. Rakesh S. Patil, for the Applicant.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

5th AUGUST 2025 P. C.:

INTERIM APPLICATION NO.10817 OF 2025:

1.

The relief sought in this Interim Application is to recall the order dated 20th December 2024. By the said order dated 20th December 2024, a learned Single Judge has dismissed in default the Interim Application No.2914 of 2020 in Second Appeal (ST) No.4235 of 2020 filed for condonation of delay. Digitally signed by SONALI MILIND PATIL Date:

2025.08.05 16:46:44 +0530 SONALI MILIND PATIL

2.

Mr. Patil, learned Counsel appearing for the Applicant states that the said Interim Application was dismissed and that notice was not issued by this Court to the Respondents. 3.

Accordingly, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a) and (b).

4.

Resultantly, the Interim Application No.2914 of 2020 filed in Second Appeal (ST) No.4235 of 2020 seeking condonation of delay is restored to the file of this Court.

5.

Accordingly, the Interim Application is disposed of in above terms with no order as to costs.

INTERIM APPLICATION NO.2914 OF 2020 IN SECOND APPEAL (ST) NO.4235 OF 2020:

1.

This Interim Application is taken out for condonation of delay of 3 months and 10 days.

2.

Issue notice to the Respondents, returnable on 13th August 2025.

3.

In addition to the Court notice, the Applicant to serve the Respondents by private service and file affidavit of service before the returnable date.

[MADHAV J. JAMDAR, J.]