33-WP-8491-2023.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8491 OF 2023 Goraram Mandir, through Vahivatdar …Petitioners Prasad Dhondo Agate & Anr. Versus Mahadeo Tukaram Pilake …Respondents Deceased through Legal Heirs: 1A] Dinesh Mahadeo Pilake & Anr. _______________________________________________________________ Ms. Aishwarya Bapat i/b S. C. Wakankar, for the Petitioners. Mr. D. V. Sutar a/w Ms. Latika Kabad, for Respondent No.1A. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 17 MARCH 2025 P.C.: 1. Heard Ms. Bapat, learned Counsel appearing for the Petitioners and Mr. Sutar, learned Counsel along with Ms. Kabad, learned Counsel appearing for the Respondent No.1A. 2. Ms. Bapat, learned Counsel for the Petitioners states that Respondent No.1B has already been served. 3. This Court has passed following Order on 6th January 2025: “1. Heard Mr. Wakankar, learned Counsel for the Petitioners. 2. The challenge in the present Writ Petition filed under Article 227 of the Constitution of India is to the Order dated 1 33-WP-8491-2023.doc 24th March 2021 passed by the learned 3rd Joint Civil Judge, Junior Division, Satara below Exhibit – 5 in Regular Civil Suit No.354 of 2020 as well as Order dated 8th December 2022 passed by the learned District Judge – 3, Satara in Misc. Civil Appeal No.144 of 2021. By the impugned Orders, the said Exhibit – 5 Application is dismissed and the Misc. Appeal challenging the same is also dismissed. 3. In said Exhibit – 5 Application, the Petitioners (Orig. Plaintiffs) have sought the following prayer: ßnkO;kps vafre fudkyki;Zar izfroknh ua-1 o 2 ;kauh nkok feGdr vU; dks.kklgh rcnhy d: u;s o nkok feGdrhe/;s vU; dks.kkpkgh dlykgh csdk;ns’khj gDd fuekZ.k d: u;s rlsp izfroknh ua- 2 ;kauh lnj feGdrhe/;s dks.krkgh O;olk; d: u;s v’kh rwrkZrwRkZ rkdhn izfroknh ua- 1 o 2 ;kauk ns.;kr ;koh-Þ 4. Mr. Wakankar, learned Counsel for the Petitioners, on instructions, states that the Petitioners are not pressing the following part of the prayer clause in said Exhibit – 5 Application. ßrlsp izfroknh ua- 2 ;kauh lnj feGdrhe/;s dks.krkgh O;olk; d: u;s v’kh rwrkZrwRkZ rkdhn izfroknh ua- 1 o 2 ;kauk ns.;kr ;koh-Þ 5. Accordingly, issue notice to the Respondents, returnable on 3rd February 2025. 6. In addition to the Court notice, the Petitioners to serve the Respondents by private service and shall file affidavit of service before the returnable date. 7. Parties are put to notice that, subject to the convenience of the Court, the Writ Petition will be heard finally at the admission stage.” 4. Mr. Sutar, learned Counsel along with Ms. Kabad, learned Counsel for Respondent No.1A, state that the Respondent No.1A has no objection if the said Exhibit - 5 Application is allowed in following terms :- 2 33-WP-8491-2023.doc ßnkO;kps vafre fudkyki;Zar izfroknh ua-1 o 2 ;kauh nkok feGdr vU; dks.kklgh rcnhy d: u;s o nkok feGdrhe/;s vU; dks.kkpkgh dlykgh csdk;ns’khj gDd fuekZ.k d: u;sÞ 5. Although the Respondent No.1B has been served, none appears for the Respondent No.1B. Respondent No.1B is the brother of the Respondent No.1A. In any case, Respondent No.1B has been served and Affidavit of service has already been filed. 6. As noted herein above by Order dated 6th January 2025, parties are put to notice that, subject to the convenience of the Court, the Writ Petition will be heard finally at the admission stage. 7. As already noted in the said Order dated 6th January 2025 the Petitioners are not pressing the Interim Application to the extent of prayer — ßrlsp izfroknh ua- 2 ;kauh lnj feGdrhe/;s dks.krkgh O;olk; d: u;s v’kh rwrkZrwRkZ rkdhn izfroknh ua- 1 o 2 ;kauk ns.;kr ;koh-Þ 8. Accordingly, Order dated 24th March 2021 passed by the learned 3rd Joint Civil Judge, Junior Division, Satara below Exhibit - 5 in Regular Civil Suit No.354 of 2020 as well as Judgment and Order dated 8th December 2022 passed by the learned District Judge - 3, Satara in Misc. Civil Appeal No.144 of 2021 are quashed and set aside. 9. The said Exhibit - 5 Application filed in Regular Civil Suit No.354 of 2020 is partly allowed to the extent of prayer clause in Exhibit - 5 Application only to the following extent :- 3 33-WP-8491-2023.doc ßnkO;kps vafre fudkyki;Zar izfroknh ua-1 o 2 ;kauh nkok feGdr vU; dks.kklgh rcnhy d: u;s o nkok feGdrhe/;s vU; dks.kkpkgh dlykgh csdk;ns’khj gDd fuekZ.k d: u;sÞ 10. Accordingly, the Writ Petition is partly allowed in above terms with no order as to costs. [MADHAV J. JAMDAR, J.] 4