Extracted from the PDF above. The PDF is authoritative.
32-SA-539-2018 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 539 OF 2018 Khadya Vyankappa Shetti (throu Poa) Leelavati Khadya Shetti ...Appellant VERSUS Smt.rukmini Raghunath Jagdale ...Respondent WITH CIVIL APPLICATION NO. 1256 OF 2018 IN SECOND APPEAL NO. 539 OF 2018 Khadya Vyankappa Shetti (throu Poa) Leelavati Khadya Shetti ...Applicant VERSUS Smt.rukmini Raghunath Jagdale ...Respondent —————— Mr. Dilip Bodake a/w. Mr. Vijay Dhumal, Advocate for Appellant Ajit Kenjale (Through VC), Advocate for respondent. —————— Coram : RAJESH S. PATIL, J.
Date : AUGUST 21, 2026.
P. C. :
1. Mr. Bodake, learned counsel for the applicant, submits that though he has repeatedly been contacting his client to obtain instructions, his client is not giving him any instructions. Hence, it would be difficult for him to proceed further with the Second Appeal.
2. Mr. Kejare, appearing through VC for the respondent, submits adn 1 of
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32-SA-539-2018 (C).docx that the decree of possession has already been executed. The only issue that remains is that of “mesne profits”. He submits that his client had fairly stated that if a fair offer is received from the appellant, the same would be considered by his client. However, the appellant has refused to make any offer.
3. The fact remains that there are concurrent findings against the appellants, who are the original defendants before the Trial Court. In view of the fact that the learned counsel for the appellants has no instructions, the Second Appeal stands dismissed for want of prosecution. Consequently, the Civil Applications stand disposed of.
(RAJESH S. PATIL, J.) adn 2 of
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