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2025 DAILYLAW 40972 (BOM)

Savitribai Wo Balku Dhanwade DECEASED v. Vishnu Mahadu Mahadik DECEASED

IA/9612/2025 · 2025-07-11

Shri Madhav J Jamdar

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

906 IA 9612.25 IN SA 88.2003.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9612 OF 2025 IN SECOND APPEAL NO.88 OF 2003 Savitribai w/o Balku Dhanwade (since deceased) thru’ legal heirs and representatives. ...Applicants Versus Vishnu Mahadu Mahadik (since deceased) thru’ heirs and legal representatives. …Respondents Ms. Aafreen S. Shaikh i/by Ms. Krupali H. Rajani, Advocate for Applicants. Mr. Sandeep Patade i/by Kayval P. Shah, Advocate for Respondent Nos. 1A and 3A to 3C. CORAM: MADHAV J. JAMDAR, J. DATED : 11th July 2025 P.C.: 1. The Interim Application is taken out for restoration of Second Appeal alongwith Interim Application No.2088 of 2020 to its original file by recalling/setting aside Order dated 18th November 2024 passed by a learned Single Judge. 2. Mr. Patade, learned Counsel appearing for some of the Respondents strongly opposes the Application. 3. However, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a), (b) and (c), Dusane 906 IA 9612.25 IN SA 88.2003.DOC subject to payment of costs of Rs.2,500/- to be paid to the High Court Employees Medical Welfare Fund, Mumbai. The said costs to be paid within a period of one week from today. 4. Accordingly, the Second Appeal No. 88 of 2003 alongwith Interim Application No.2038 of 2020 is restored to the file of this Court. 5. As the Second Appeal is of the year 2003, place the Second Appeal for final hearing on 30th July 2025. 6. Accordingly, the Interim Application is disposed of in above terms. (MADHAV J. JAMDAR, J.) Dusane BHALCHANDRA GOPAL DUSANE Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2025.07.11 18:58:53 +0530