1 80-WP-12750-2025 (C) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12750 OF 2025 Rohidas Dayanand Kamble & Anr. …...Petitioners Vs. Dhondiram Sahdev Kamble & Ors. …...Respondents ... Mr. Shubham Dhenge i/b Mr. Akash Murudkar, Advocate for Petitioners. ... CORAM : SHAILESH P. BRAHME, J. DATE : 5TH OCTOBER, 2026. ORDER : . Heard Mr. Shubham Dhenge, learned counsel appearing for the Petitioners. 2. The Petition is directed against, interlocutory the order dated **07.10.2008**, whereby the Application under Section 28 raising a preliminary objection to the maintainability of Miscellaneous Civil Appeal No. 43 of 2023 was rejected. It is submitted that the appeal has been preferred without seeking any leave. 3. The Petitioner is the original plaintiff in R.C.S. No. 42 of 2022. Application Exhibit-5 was preferred by him, whereas Application 2 80-WP-12750-2025 (C) Exhibit-22 was preferred by the defendants. The Petitioner’s Application was allowed and the defendants’ Application was rejected on 14.08.2023. Being aggrieved thereby, Miscellaneous Civil Appeal No. 43 of 2023 was preferred. 4. It is not the case that all the Appellants are coming before the Court for the first time. Some of them have approached the Court for the first time, as steps were not taken against their predecessors. The entire appeal cannot be dismissed on the ground of locus standi. 5. I find that the Appellate Court has taken a reasonable and plausible view. No interference is called for. The Writ Petition is dismissed. 6. The Appellate Court is requested to hear the Miscellaneous Appeal on merits by extending an opportunity of hearing to the parties. [ SHAILESH P. BRAHME J. ] Suresh