Bombay High Court

JYOTI CHANDRABHAN PENNEWAR AND ORSversusSHAIKH ZAHEER SHAIKH RAFIODDIN AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The civil application is allowed in terms of prayer clause (B).

Summary

The applicants, Jyoti Chjandrabhan Pennewar and others, filed a cross‑appeal (ST.) No.12878 of 2025 and a related civil application No.8299 of 2025 before the Bombay High Court, Aurangabad Bench. Their counsel, Mr. V.D. Patnoorkar, stated that the applicants would waive any interest for the period of delay if they were successful in the cross‑appeal. The court considered this waiver statement as part of the relief sought. Relying on the prayer clause (B) of the civil application, the judge held that the application should be allowed. Consequently, the civil application was granted, effectively giving the applicants the relief sought in clause (B). The decision was delivered by Justice Sachin S. Deshmukh on 20 August 2026.

Subjects

interest waiver
civil application
cross‑appeal
relief clause

Judgment

2026:BHC-AUG:38005



                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                 BENCH AT AURANGABAD


                           CIVIL APPLICATION NO.8299 OF 2025 IN
                            CROSS APPEAL (ST.) NO.12878 OF 2025


            Jyoti Chjandrabhan Pennewar & ors.          … APPLICANTS

                     VERSUS

            Shaikh Zaheer Shaikh Rafioddin & anr.       … RESPONDENTS

                                              .......
            Mr. V.D. Patnoorkar, Advocate for applicants
                                              ....…

                                     CORAM : SACHIN S. DESHMUKH, J.
                                     DATE      : 20th AUGUST, 2026

            PER COURT :


                          Mr. Patnoorkar, learned counsel for the applicants, on
            instructions, makes a statement that the applicants will waive interest for
            the delayed period if they succeed in the Cross-Appeal.        In view of
            aforestated statement, the civil application is allowed in terms of prayer
            clause (B).




                                                  (SACHIN S. DESHMUKH, J.)




            fmp/-

Continue reading with your account

Checking your session…