Ramchandra Alias Rambhau Mahadu Bhondave and Others vs Mrs. Krushnabai Alias Lax Mi Bajirao Kalapure and Others — Bombay HC (2025) — LawSathi Research

Ramchandra Alias Rambhau Mahadu Bhondave and Others vs Mrs. Krushnabai Alias Lax Mi Bajirao Kalapure and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Listing liberty granted in both interim applications: Interim Application No. 1773 of 2025 (recall of the order disposing of Appeal from Order No. 219 of 2024) and Interim Application (ST) No. 10033 of 2025 together with the fresh appeal are to be listed before the same court; no substantive decision recorded on recall or condonation of delay.

Issue for consideration

Whether liberty should be granted to have Interim Application No. 1773 of 2025, which seeks recall of the order disposing of Appeal from Order No. 219 of 2024, listed before the same court. +1 more

Court's answer

Liberty granted to the applicant to have Interim Application No. 1773 of 2025, seeking recall of the order disposing of the appeal, listed before the same court.

Ratio / Principle

Since both appeals challenge the same order passed in the suit, liberty granted to the applicants/appellants to have Interim Application (ST) No. 10033 of 2025 and the appeal listed before the same court.

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Gauri Godse, J.; order dated 24 March 2025 in clubbed matters: (i) Interim Application (ST) No. 10033 of 2025 with Interim Application No. 4174 of 2025 in Appeal from Order (ST) No. 9816 of 2025 — Ramchandra alias Rambhau Mahadu Bhondave and Other (Applicants/Appellants) v. Mrs. Krushnabai alias Laxmi Bajirao Kalapure and Others (Respondents); and (ii) Interim Application No. 1773 of 2025 in Appeal from Order No. 219 of 2024 — M/s. G. K. Associates through its proprietor Vinod Premchand Chandwani (Applicant) v. Ramchandra alias Rambhau Mahadu Bhondave and Other (Respondents). By Interim Application No. 1773 of 2025, M/s. G. K. Associates sought recall of the order disposing of Appeal from Order No. 219 of 2024; the Court granted liberty to have that application listed before the same court. By Interim Application (ST) No. 10033 of 2025, the appellants sought condonation of delay in preferring a fresh appeal (Appeal from Order (ST) No. 9816 of 2025) against the same impugned order that was the subject matter of Appeal from Order No. 219 of 2024, the fresh appeal having been filed in view of liberty granted by order dated 27 March 2024; noting that both appeals challenge the same order passed in the suit, the Court granted liberty to have the application and appeal listed before the same court. Purely administrative/listing order — no substantive rights adjudicated, no statutory provisions or precedents cited, no costs or quantum.

37-IA-4174-2025.docx

rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION (ST) NO. 10033 OF 2025 WITH

INTERIM APPLICATION NO. 4174 OF 2025 IN

APPEAL FROM ORDER (ST) NO. 9816 OF 2025

Ramchandra Alias Rambhau

… Applicants/Appellants

Mahadu Bhondave and Other

Vs.

Mrs. Krushnabai alias Laxmi

… Respondents

Bajirao Kalapure and Others

WITH

INTERIM APPLICATION NO. 1773 OF 2025

IN

APPEAL FROM ORDER NO. 219 OF 2024

M/s. G. K. Associates through

… Applicant

its proprietor Vinod Premchand

Chandwani

Vs.

Ramchandra Alias Rambhau

… Respondents

Mahadu Bhondave and Other

Mr. Sanjiv Sawant a/w. Ms. Bhakti Wast i/b. Mr. Samir Suryawanshi for the Appellants.

Dr. Abhinav Chandrachud a/w. Mr. Pavan Patil, Mr. Kartavya Ostwal for the Applicant.

Mr. Hitesh Vyas for Respondent No.1.

Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2025.03.25 22:29:36 +0200

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37-IA-4174-2025.docx

CORAM : GAURI GODSE, J.

DATE : 24^th MARCH 2025

ORDER :

Interim Application No. 1773 of 2025

This interim application is for recalling the order disposing of the appeal. Learned counsel for the applicant therefore seeks liberty to get the application listed before the same court. Liberty granted.

Interim Application (St) No. 10033 of 2025

Learned counsel for the appellant submits that this application

is filed for condonation of delay in preferring appeal to challenge the same impugned order which was subject matter of the Appeal from Order No. 219 of 2024. He submits that in view of the liberty granted by order dated 27^th March 2024 this fresh appeal is filed.

Considering that both the appeals are for challenging the same order passed in the suit, learned counsel for the applicants is at liberty to get this application and appeal listed before the same court.

[GAURI GODSE, J.]

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