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Bombay High Court

PRASHANT GORAKHNATH JADHAV.versusRAFIQ MAQBOOL TAMBOLI AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the application in terms of prayer clauses B and C and ordered registration of the appeal, subject to removal of objections.

Summary

The petitioner, Prashant Gorakhnath Jadhav, filed Civil Application No. 10768 of 2026 before the Bombay High Court, Aurangabad Bench, against respondents Rafiq Maqbool Tamboli and another. The application sought reliefs enumerated in prayer clauses B and C. The learned Judge, Justice Sachin S. Deshmukh, examined the pleadings and the objections raised by the court’s office. Finding no substantive impediment, the Court allowed the application insofar as prayer clauses B and C and directed that the appeal be entered on the court’s register. The Court also imposed a condition that the applicant’s counsel must rectify the office objections within two weeks. Failure to comply would result in the matter being dismissed without further reference. Accordingly, the order was pronounced on 23 September 2026.

Issues considered

  • Whether the civil application may be allowed in terms of prayer clauses B and C
  • Whether the appeal should be registered subject to removal of office objections

Subjects

  • civil procedure
  • application allowed
  • appeal registration
  • office objections
  • conditional dismissal

Judgment

2026:BHC-AUG:43188
                                                   1                    31-CA-10768-26.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD


                                 CIVIL APPLICATION NO. 10768 OF 2026
                                           IN FAST/4523/2024

                                PRASHANT GORAKHNATH JADHAV
                                             VERSUS
                            RAFIQ MAQBOOL TAMBOLI AND ANOTHER
                                                 ...
                         Advocate for Applicant : Mr. Sushant B. Choudhari
                                                 ...

                                            CORAM :        SACHIN S. DESHMUKH, J.
                                            DATE       :   23-09-2026
                PER COURT:-


                1.    For the reasons stated in the application, the civil application

                is allowed in terms of prayer clauses “B” and “C”.            Office to

                register the appeal.

                2.    Learned counsel for the applicant undertakes to remove

                office objections within a period of two weeks from today, failing

                which, the matter shall stand dismissed without further reference

                to this Court.




                                                   [SACHIN S. DESHMUKH]
                                                           JUDGE

                rrd


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