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2023 DAILYLAW 3018 (BOM)

RAOSAHEB SAKHARAM KUTE v. SAKHARAM LIMBAJI KUTE AND OTHERS

WP/8754/2023 · 2026-08-29

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Judgment text

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8-sr906.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 906 WRIT PETITION NO. 8754 OF 2023 Raosaheb Sakharam Kute VERSUS Sakharam Limbaji Kute And Others ---- Mr.K.S.Solanke, Advocate for petitioner Mr.S.K.Chavan, Advocate for respondent nos.1 and 2 Mr.S.N.Kendre, AGP for respondent nos.3 and 4 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 29, 2026 ORDER :- On 13.08.2026, this court observed thus:- “ It is pointed out by learned Advocate for the respondents that the petitioner is in default of payment in terms of order passed by this Court on 19.11.2024. The order dated 19.11.2024 would depict that this Court had directed the petitioner to pay certain amount to respondent no.1 and to continue making such payment to show his bonafides to prosecute the present proceedings. 2. It is also submitted that subsequently there was a dispute as regards to the regular payment and hence this Court directed the petitioner to file an affidavit demonstrating the payment made by him. Then the matter was referred to mediation; however, the mediation seems to have failed. Notably, the original applicants are the aged parents of the petitioner. Respondent no.1 is aged about 90 years whereas respondent no.2 is aged about 88 years. 3. Place the matter on 20.08.2026. If the petitioner fails to demonstrate that he has paid entire dues in 2026:BHC-AUG:39740 2 8-sr906 terms of the order dated 19.11.2024, this Court shall be constrained to dismiss the Writ Petition. 2. On the last occasion, it is specifically observed in the presence of learned advocate for the petitioner that if the petitioner fails to demonstrate that he has paid the entire dues in terms of the order dated 19.11.2024 this court shall be constrained to dismiss the petition. 3. Today when the matter is called out nobody appears for the petitioner nor anything is placed on record in compliance of the order passed by this court on 13.08.2026. 4. For the reasons recorded above and on failure of the petitioner to place on record compliance as observed above, the petition stands dismissed. Interim relief, if any, stands vacated. [AJIT B. KADETHANKAR, J.] ……….. KBP