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Bombay High Court

RAGHUNATH ANANDRAO SHINDE THR LR ANANDRAO RAGHUNATH SHINDEversusNilkanth Pandurang Kulkarni thu LR Sharadhda Shirish Joshi

Disposal
Disposed Off

Holding

The application is disposed of, directing the applicant to prepare and file a private paper‑book within four weeks before seeking a final hearing date.

Summary

The applicant, Raghunath Anandrao Shinde, filed an interim application seeking that the second appeal (No. 316 of 2022) be fixed for final hearing by dispensing with the paper book, offering to provide printed copies of witness evidence if required. The respondent, Nilkanth Pandurang Kulkarni, did not oppose the prayer but suggested that the applicant should prepare a private paper‑book and file it in the registry. The court directed the applicant to prepare a private paper‑book in accordance with the court rules, obtain registry approval, and file it within four weeks. Upon filing, the applicant may request the court to circulate the appeal for fixing a final hearing date. The interim application was consequently disposed of.

Issues considered

  • Whether the appeal may be fixed for final hearing by dispensing with the paper book

Subjects

  • interim application
  • paper book
  • final hearing
  • civil procedure
  • appeal

Judgment

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                                                                                       504-IA-1095-2026(C).DOC


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIRCUIT BENCH AT KOLHAPUR

                                                    CIVIL APPELLATE JURISDICTION

                                               INTERIM APPLICATION NO. 1095 OF 2026
                                                                IN
                                                  SECOND APPEAL NO. 316 OF 2022

                              Raghunath Anandrao Shinde Thr. Legal
                              Heirs Anandrao Raghunath Shinde                           ….Applicant
                                    VERSUS
                              Nilkanth Pandurang Kulkarni Through
                              Legal Heirs Shradhda Shirish Joshi                        ....Respondent

                              _________________________________________________________________

                              Mr. Vinod Bhide h/f Adv. S. S. Wagh, for Applicant.
                              Mr. Shreyas P. Barsawade (Through VC) for the Respondent.
                              _________________________________________________________________
            Digitally
            signed by
            SHANTANU
SHANTANU    SHANKARSA
SHANKARSA
DHUDUM
            DHUDUM
            Date:
                                                  CORAM        :   ASHWIN D. BHOBE, J.
            2026.09.03
            20:37:42
            +0530
                                                  DATE         :   3rd SEPTEMBER, 2026.
                              P.C.


                              1.          This Application is circulated pursuant to the praecipe dated 3 rd

                              September, 2026. The same is taken on record and marked as “X” for

                              identification. In view of the request made by Mr. Vinod Bhide, learned

                              Advocate for the Applicant, this Application is ordered to be placed on the

                              “Production Board”.


                              2.          By the present Application, the Applicant has sought the

                              following substantial relief:




                     Shantanu S. Dhudum
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                                                                  504-IA-1095-2026(C).DOC


               “A. The appeal may kindly be fixed for final hearing by
                     dispensing with the paper book. If necessary, the respondent
                     is ready to supply printed copies of evidence of witnesses
                     recorded by Trial Court.”

         3.          The Applicant herein is the Respondent in Second Appeal No.316

         of 2022, whereas the Respondent herein is the Appellant in the said

         Second Appeal. The Second Appeal was admitted on 23rd January, 2023.


         4.          Mr. Shreyas P. Barsawade, learned Advocate for the Respondent,

         does not oppose the prayer clause (A) of this Application. However, he

         submits that if the Applicant intends to seeks dispensation of the paper

         book, then the Applicant (Respondent in Second Appeal No.316 of 2022),

         should prepare a private paper-book and furnish the same in the Registry.


         5.          Mr. Vinod Bhide, learned Advocate for the Applicant, states that

         the Applicant (Respondent) shall prepare a private paper-book in

         accordance with the Rules of this Court get it approved from the Registry

         and produced the same in the Registry within a period of four weeks from

         today.


         6.          Upon filing of the private paper-book, the Applicant is at liberty

         to seek circulation of the Second Appeal for fixing an appropriate date for

         final hearing.


         7.          Interim Application No.1095 of 2026 is disposed of accordingly.



                                                       ( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum


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