Shivaji S/O Haribhau Ghode v. Smt Bhimabai W/O Popat@Bhau Bibave And ANR

502-IA-1965-2026.DOC Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1965 OF 2026 IN FIRST APPEAL NO. 2478 OF 2025 Shivaji Haribhau Ghode ...Applicant/ Appellant

Versus

Smt. Bhimabai Popatbhau Bibave & Anr.

...Respondents

Mr. K. N. Shermale, with D.B.Sodak, for the Applicant/Appellant.

CORAM:

R. M. JOSHI, J.

DATED:

9th MARCH, 2026.

PC:- 1.

Learned counsel for the Applicant/Original Appellant submits that the counsel for the Appellant was online however, was not admitted, which has resulted into dismissal of the Appeal on 24th February 2026. It is his submission that since service upon the Respondents was not complete at the time of dismissal of the Appeal, notice of the present Application to them be dispensed with.

2.

Perusal of the record indicates that at the stage of await service of notice upon the Respondents, the Appeal came to be dismissed for want of prosecution. Hence, notice to the Respondents of this Application stands dispensed with. 9th March, 2026.

502-IA-1965-2026.DOC 3.

For the reasons mentioned in the Application, the Application stands allowed.

4.

First Appeal bearing No.2478 of 2025 stands restored to its original position.

(R. M. JOSHI, J.) { Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2026.03.11 12:39:50 +0530 SHAMBHAVI NILESH SHIVGAN 9th March, 2026.