Sandesh Deoraj Gaikwad v. Smt. Kiran Wd/O Dnyanedeo Somkuwar and Others

Bombay HC12 Feb 2026MCA/508/2025

Case brief

AI extract

What is this about?

Maintainability objection; duplicate civil revision applications against same judgment; withdrawal of Civil Revision Application No.39 of 2025; conversion of Second Appeal No.278 of 2024; probate proceeding; Regular Civil Appeal No.148 of 2021; Nagpur Bench; heard finally at admission stage; listed 15.04.2026.

What did the court decide?

Objection to the maintainability of Civil Revision Application No.38 of 2025 rejected as technical and misconceived; Civil Revision Application No.38 of 2025 directed to be listed on 15.04.2026; parties put to notice that the revision may be heard finally at the stage of admission. The revision itself remains pending. ¶¶16

Sandesh Deoraj Gaikwad vs Smt. Kiran Wd/O Dnyanedeo Somkuwar and Others — Bombay HC (2026) — LawSathi Research

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MCA 508.25.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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MIC. CIVIL APPLICATION NO.508 OF 2025 IN

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CIVIL REVISION APPLICATION NO.38 OF 2025 (D)

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Sanesh D Gaikwad Vs. Kiran D. Somkuwar and ors.

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. A. M. Sudame, Advocate for applicant.

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Mr. S. S. Kalbande, Advocate for respondent No.1.

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CORAM : ROHIT W. JOSHI, J. DATE : 24.03.2026.

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. The applicants had filed Second Appeal No.278 of 2024 in order to challenge judgment and order dated 18.04.2024 passed by the learned District Judge-7, Nagpur in Regular Civil Appeal No.148 of 2021. The said appeal arises out of a probate proceeding. The second appeal came up for hearing before this Court on 03.04.2025. This Court found that Second Appeal was not maintainable and accordingly granted permission to convert the Second Appeal into a Civil Revision Application.

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Two weeks time was granted to the appellant/applicant to file memo of Civil Revision Application.

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The applicant accordingly filed a memo of Civil Revision Application, which came to be registered as Civil Revision Application No.38 of 2025.

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2 15. MCA 508.25.odt

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In view of the order dated 03.04.2025, Second Appeal No.278 of 2024 came to be registered as Civil Revision Application No.39 of 2025.

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Thus, due to confusion, two Civil Revision Applications came to be registered in order to challenge the same judgment and order. As a consequence of this, the applicant made a motion to this Court seeking permission to withdraw the Civil Revision Application No.39 of 2025, which was allowed to be withdrawn vide order dated 25.07.2025. Since Civil Revision Application No.39 of 2025 is withdrawn, the learned advocate for respondent No.1 raises an objection that the present Civil Revision Application bearing No.38 of 2025 is not maintainable. The objection is technical in nature and also misconceived. The same is rejected.

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List Civil Revision Application No.38 of 2025 on 15.04.2026.

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Parties are put to notice that the revision may be heard finally at the stage of admission.

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(ROHIT W. JOSHI, J.)

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Sandesh Deoraj Gaikwad v. Smt. Kiran Wd/O Dnyanedeo Somkuwar and Others

Case brief

What is this about?

What did the court decide?

Sandesh Deoraj Gaikwad v. Smt. Kiran Wd/O Dnyanedeo Somkuwar and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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