Baburao Ganpati Mali v. Bhiku Sitaram Mali
Case brief
What is this about?
Second Appeal No. 334 of 2024 with Interim Application No. 15084 of 2024, High Court of Judicature at Bombay, Coram M.M. Sathaye, J., dated 16 June 2025. Key terms: remand; suit dismissed on merits; appeal dismissed; Plaintiff not proceeding with suit; hearing proceeded on evidence already recorded; dismissal for default versus dismissal on merits; comprehensive compromise under consideration; adjournment sought; ex-facie error in procedure; notice returnable 14/07/2025; private notice permitted; affidavit of service; final disposal at admission stage; private paper book; parties Babura Ganpati Mali and Anr. v. Bhiku Sitaram Mali; advocates Dilip Bodake, Sharad Bhosale, Shraddha Pawar.
What did the court decide?
Admission-stage directions: notice issued to the Respondents returnable on 14/07/2025, with private notice permitted in addition to Court notice and affidavit of service to be filed before the returnable date; an endeavour to be made, subject to time constraints, to finally dispose of the appeal at the admission stage; Appellant at liberty to prepare and serve a private paper book. The substantive grievance regarding the Trial Court's procedure was not decided at this stage.