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Bombay High CourtIA/11978/2025disposed off

Shri Prashant Savlaram Sakpal v. Nivrutti Ramchandra Shedge

2026-02-09Hon'Ble Shri Justice Madhav J. Jamdar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11978 OF 2025 IN SECOND APPEAL NO.453 OF 2020 Prashant Savlaram Sakpal & Ors.

...Applicants

IN THE MATTER BETWEEN:

Nivrutti Ramchandra Shedge (since deceased through his legal heirs) Alka Laxman Shedge (Kadam) & Ors.

...Appellants

Versus

Sarpanch-Grampanchayat Nasarapur, Tal. Bhor, Dist. Pune & Ors.

...Respondents

Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2026.03.20 17:09:43 +0530 SHRADDHA KAMLESH TALEKAR WITH INTERIM APPLICATION NO.11977 OF 2025 IN SECOND APPEAL NO.453 OF 2020 Vishwas Babanrao Palkar & Ors.

...Applicants

IN THE MATTER BETWEEN:

Nivrutti Ramchandra Shedge (since deceased through his legal heirs) Alka Laxman Shedge (Kadam) & Ors.

...Appellants

Versus

Sarpanch-Grampanchayat Nasarapur, Tal. Bhor, Dist. Pune & Ors.

...Respondents

Mr. Rajdeep Khadapkar, for Original Appellants. Mr. Pratik Sabrad, for the Applicants i.e. original Respondent Nos.11 to 16 in IA No.11978 of 2025.

Mr. Abhishek Karnik, Mr. Yash Agarwal, Mr. Shantanu Nakashe, for the Applicants in IA No.11977 of 2025 and for the original Respondent Nos.6 to 8 and 10.

Mr. Ravindra Sonba Pachundkar, for Respondent No.1 in SA/453/2020 and for the Respondent No. 7 in both these IAs.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

9th FEBRUARY 2026 P. C.:

1.

Heard Mr. Pratik Sabrad, learned Counsel appearing for the Applicants i.e. original Respondent Nos.11 to 16 in Interim Application No.11978 of 2025, Mr. Abhishek Karnik, learned Counsel appearing for the Applicants in Interim Application No.11977 of 2025 and Mr. Pachundkar, learned Counsel appearing for the Applicants in Interim Application No.11977 of 2025 i.e. original Respondents/Defendants Nos.6, 7, 8 and 10 and for the Respondent No.1 in Second Appeal No.453 of 2020 and for Respondent No.7 in the Interim Applications.

2.

It is the submission of learned Counsel appearing for the Applicants that the Second Appeal has been disposed of by this Court by order dated 28th July 2025 in terms of the Consent Terms. It is the submission that leave was sought to delete the Respondent Nos.2 to 16 from the array of the parties and the Applicants are the Respondent Nos.2 to 16.

3.

The said Respondent Nos.2 to 16 have filed Interim Applications in this Second Appeal seeking to recall the said order dated 28th July 2025 as per the following details :

1. Applicants i.e. Respondent Nos.11 to 16 in Interim Application No.11977 of 2025

2. Applicants i.e. Respondent Nos.6 to 8 and 10 in Interim Application No.11978 of 2025 4.

Mr. Rajdeep Khadapkar, learned Counsel appearing for the original Appellants i.e. Respondent Nos.1 and 4 to 6 in these Interim Applications submits that by consent, the said order dated 28th July 2025 be recalled and set aside and the Appellants in Second Appeal No.453 of 2020 be allowed to withdraw the said Second Appeal.

5.

Accordingly, the order dated 28th July 2025 passed in Second Appeal No.453 of 2020 with Civil Application No.1630 of 2019 filed in Second Appeal No.453 of 2020 is recalled and quashed and set aside.

6.

Resultantly, the Second Appeal is restored to the file of this Court. The Second Appeal be listed before the regular Court.

7.

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

[MADHAV J. JAMDAR, J.] Note: This order is corrected as per Speaking to the Minutes of the order dated 12/03/2026.