Rekha Dattatraya Patil And Others v. Pandurang Bandu Sasane And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8394 OF 2023 WITH CIVIL APPLICATION NO. 1935 OF 2026 IN WP/8449/2023 WITH WRIT PETITION NO. 8449 OF 2023 Pandurang Bandu Sasane And Others

VERSUS

Rekha Dattatraya Patil And Others ...

Ms. Sanghmitra Wadmare, Advocate for the Petitioners Mrs. M. L. Sangit, AGP for Respondent-State Mr. S. A. Deshmukh, Advocate for Respondent nos.6a to 6c, 7a to 7db, 8 to 11.

Mr. R. F. Totla h/f Mr. A. C. Sisodiya, Advocate for Respondent no.1 WITH CIVIL APPLICATION NO. 1934 OF 2026 IN WP/8394/2023 .....

CORAM : AJIT B. KADETHANKAR, J.

DATED : 30TH MARCH, 2026 ORDER :- WRIT PETITION NO. 8449 OF 2023 Vide order dated 23.02.2026, the petitioners were permitted to serve the respondent nos.2 and 3 by publishing a notice in daily newspaper. Further record reveals that the petitioners sought some typographical corrections in the paragraph no.5 of the order dated 23.02.2026. On 10.03.2026, this Court permitted the corrections.

2.

Ms. Sanghamitra Wadmare, learned Counsel for the petitioners would submit that during this period, the time for effecting service upon respondent nos.2 and 3 by way of newspaper publication has elapsed. Today, she prays that time to serve the respondent nos.2 and 3 by newspaper publication be extended by further period of six weeks.

3.

Mr. R. F. Totala, learned Counsel for respondent no.1 submits that the petitioner be directed to take appropriate steps expeditiously and the matter be heard as early as possible thereafter.

4.

In view of this, office to issue notice to the respondent nos.2 and 3 indicating that the matter will be heard on 04.05.2026, to be served by newspaper publication in terms of the order dated 23.02.2026.

5.

Stand over to 04.05.2026. In the meantime, the petitioners shall serve the respondent nos.2 and 3 as is permitted by this Court without any default.

CIVIL APPLICATION NO. 1935 OF 2026 In view of the order passed by this Court in Writ Petition No.8449 of 2023, no orders are needed in Civil Application No.1935 of 2026.

2.

Civil Application stands disposed of accordingly.

WRIT PETITION NO. 8394 OF 2023 Mr. S. A. Deshmukh, learned Counsel for the petitioners in Writ petition No.8394 of 2023 submits that under misconception of law, he had made statement in the Civil Application No.817 of 2026 in Writ Petition No.8449 of 2023 that service of notice upon respondent nos.2 and 3 in Writ Petition No.8449 of 2023 would constitute sufficient service in his Writ Petition No.8394 of 2023. He further submits that the respondent nos.2 and 3 in Writ Petition No.8449 of 2023 are respondent nos.4 and 5 in this petition.

2.

He submits that within a week from today, he shall file an application for taking steps to serve respondent nos.4 and 5.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2026