15-WP-5520-2019.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5520 OF 2019 Shri Ratnakar Vaman Patil … Petitioners and Others Vs. Shri Madhukar Dhavu Kathole … Respondents (since decd) through LRs and Others Ms. Sharwari Lopes for the Petitioners. Mr. Laxmikant Patil h/f. Mr. Anil Kumar Patil for Respondent No. 17. CORAM : GAURI GODSE, J. DATE : 28th APRIL 2026 ORDER : 1. Learned counsel for the petitioners submits that the suit has been disposed of rendering this petition infructuous. She submits that an appeal is already preferred, hence the petitioner be granted liberty to raise grounds of objection on the impugned order in the appeal in view of Section 105 of Code of Civil Procedure, 1908 (“CPC”). 2. The petitioners’ liberty under Section 105 of the CPC to raise grounds of objections to the order impugned in the petition is kept open. 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.04.29 10:47:08 +0530 15-WP-5520-2019.docx 3. The writ petition is disposed of as infructuous subject to aforesaid liberty. [GAURI GODSE, J.] 2/2