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Bombay High CourtIA/2448/2026allowed

Nivrutti Shankar Jadhav Deceased Thr Lrs v. Ramkrishna Laxman Pagare Decs Thr Lrs

2026-03-30Hon'Ble Ms. Justice Gauri Godse2 pages

KVM 1/2 36 - IA 2448 OF 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN VINOD MAYEKAR Date:

2026.04.01 19:21:08 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2448/2026 IN SECOND APPEAL NO. 97/1998 NIVRUTI SHANKAR JADHAV SINCE DECEASED THR. LEGAL HEIRS SHIVAJI NIVRUTI JADHAV & ORS.

..... APPLICANTS

IN THE MATTER OF

NIVRUTI SHANKAR JADHAV SINCE DECEASED THR. LEGAL HEIRS SHIVAJI NIVRUTI JADHAV & ORS.

..... APPELLANTS VS RAMKRISHNA LAXMAN PAGAGE SINCE DECEASED THR. HIS LEGAL HEIRS SMT. SUMAN RAMKRISHNA PAGARE & ORS.

..... RESPONDENTS Adv. Sachin Gite for the Applicants.

Mr. A. R. Patil, Additional G.P. for the State. CORAM : RAJESH S. PATIL, J.

DATE : 30 MARCH, 2026 P.C. :- 1) Mr.Gite, learned advocate appearing for the applicants submits that during the pendency of the Second Appeal, this Court had granted stay to the impugned order passed by the District Court thereby restraining the respondents from obstructing the right of way

KVM 2/2 36 - IA 2448 OF 2026.doc of the applicants from his land. The respondents however, made a complaint with the Police Station and the Police Inspector of Pimpalgaon Baswant Police Station issued notice to them under Section 168 of the BNSS Act, and are thereby trying to circumvent the order of interim protection granted by this Court. 2) None appeared for the State when the matter is called out. Additional Government Pleader Mr.A.R.Patil is requested to appear in the present proceedings and take instructions from the relevant police station.

3) Stand over to 6 April, 2026.

[RAJESH S. PATIL, J.]