Bombay High Court

CHATRABHUJ DIGAMBAR DASHRATH AND ORS.versusDADARAO LAXMAN BHALEKAR AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court confirmed the earlier allowance of the First Appeal and, on the basis of the enhanced amount deposited, allowed the Civil Application as prayed.

Summary

The applicants, Chatrabhuj Digambar Dashrath and others, filed a civil application seeking relief under prayer clauses B and C. The matter arose after a first appeal was allowed on 19 November 2025, and an enhanced amount was deposited by the insurance company, the respondent No.3. The court considered whether the civil application should be granted in light of the earlier appellate decision and the payment made. Relying on the confirmation of the enhanced amount by counsel for the insurance company, the court found that the conditions for granting the application were satisfied. Consequently, the court allowed the civil application as prayed, confirming the relief sought by the applicants.

Judgment

2026:BHC-AUG:41526



                                                                    39 CA9610.2026
                                               -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           39 CIVIL APPLICATION NO. 9610 OF 2026
                                            IN
                                       FA/1943/2024

                     CHATRABHUJ DIGAMBAR DASHRATH AND ORS.
                                          VERSUS
                        DADARAO LAXMAN BHALEKAR AND ORS.
                                               ...
              Advocate for Applicants : Mr. S. S. Patil h/f. Mr. Rohit H. Dahat
              Advocate for Respondent No.3 : Mr. Abhijit Choudhari
                                               ...


                                            CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 07.09.2026

              PER COURT :-

              .            In view of the fact that the First Appeal is allowed on

              19.11.2025 and enhanced amount is deposited, same is confirmed

              by Mr. Abhijit Choudhari, learned counsel for Respondent No.3 –

              Insurance Company, the Civil Application is allowed in terms of

              Prayer Clauses “B” and “C”.




                                                     (SACHIN S. DESHMUKH, J.)

              marathe

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