BALAJI DHONDIRAM GAVANE AND ANOTHERversusANNUSAYA VAYANKAT GAVANE AND OTHERS

2026:BHC-AUG:42158


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           CIVIL APPLICATION NO. 10717 OF 2026
                                          IN
                             WRIT PETITION NO. 1917 OF 2026

                       BALAJI DHONDIRAM GAVHANE AND ANOTHER
                                            VERSUS
                        ANNUSAYA VAYANKAT GAVANE AND OTHERS
                                               …
                          Advocate for Applicants : Mr. Sabnis Ameya N.
                       Advocate for Respondent Nos. 1 to 4 : Mr. M.D. Gitte
                                               …

                                       CORAM : MANJUSHA DESHPANDE, J.
                                       DATE : 11th SEPTEMBER, 2026


              PER COURT :

              1.          This Application is filed by the Petitioner in Writ Petition

              no. 1917/2026, which has been dismissed by this Court pursuant to the

              common order passed on 01.04.2026, directing the Petitioners to take

              steps within a period of four weeks, failing which, the Petition would

              stand dismissed without further reference to the Court.

              2.          Learned Advocate for the Applicant submits that the

              objection in the present Writ Petition was that the legal heirs of one

              Raosaheb Pundalik Gavane, who was Defendant no. 4 in the suit, have

              not been brought on record. He submits that, in fact in the suit itself,

              which is pending before the learned Civil Judge, Senior Division, Udgir,
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the Plaintiffs i.e. Respondent nos. 1 to 4 in the Writ Petition, have not

taken steps to bring on record the legal heirs of Defendant no. 4.

Therefore, the same parties and status is shown in the Writ Petition.

When the objection was raised, he could not take steps within the

prescribed time. Since it was necessary for him to collect the death

certificate and other information of Defendant no. 4.

3.           After receiving the necessary information the present

Application has been filed. The delay occurred in filing the Application is

on account of the various defects as stated by the Applicants in paragraph

nos. 4 and 5 of the Application. The restoration is opposed by the learned

Advocate appearing for the contesting Respondent nos. 1 to 4 seeking

time to file his affidavit opposing the restoration of the Writ Petition.

4.           Learned Advocate for the Applicants submits that the

Petitioners have challenged the order passed by the learned Civil Judge,

Junior Division, under Order XXIX Rule 27 of the Code of Civil

Procedure, appointing the Court Commissioner for measurement of the

land. After hearing the Petitioner, this Court was pleased to grant interim

relief in terms of prayer clause ‘C’ i.e. stay to the effect and operation of

the impugned order passed on 16.12.2025.

5.           As a result of the order of dismissal passed by this Court,

even the stay has been vacated and pursuant to that he has received the
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communication issued by the Deputy Superintendent of Land Records,

undated communication issued in the month of September, 2026,

informing that the measurement of the suit land is about to take place on

15.09.2026. Therefore, the interim relief granted by this Court needs to

be restored.

6.             Although   the   learned Advocate    for   the      contesting

Respondents has opposed the Application, in my view, the Applicant has

satisfactorily explained the chronological events which lead to the

dismissal of the Writ Petition and reasons for delay in filing the

Application for restoration is also satisfactorily explained. In view

thereof, the Civil Application for restoration is allowed by condoning

delay of 47 days and the Applicant is permitted to bring on record legal

representatives of Respondent no. 6 in the Civil Application i.e.

Raosaheb Pundalik Gavane, by condoning the delay of 1251 days caused

in filing the Application for bringing legal heirs of Respondent no. 6 on

record.

7.             Issue notice to the proposed legal heirs no. 6A to 6F, as

mentioned in the title clause of the Civil Application, returnable on

09.10.2026.

8.             The inconvenience caused to Respondent nos. 1 to 4, can be

compensated by way of granting costs of Rs. 10,000/-. The Applicants
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shall pay the costs of Rs. 10,000/- to Respondent nos. 1 to 4, before the

next date of hearing.

9.           Civil Application stands disposed of by restoring the Writ

Petition and continuing the interim relief granted by this Court vide order

dated 23.02.2026.

10.          The parties to act upon the authenticated copy of this order.




                                     ( MANJUSHA DESHPANDE, J. )




SPC