Bombay High Court

INDUBAI DAYANOBA PATILversusSUMAN DNYANOBA PATIL

Disposal: Disposed Off

Holding

The interim application seeking an early hearing date was disposed of, and the appeal was scheduled for a regular hearing on 9 October 2026.

Summary

The applicant, Indubai Dayanoba Patil, filed Interim Application No. 11393 of 2025 seeking an early date for the hearing of Second Appeal No. 30 of 2018. The respondent’s counsel claimed that the interim application had not been served on their client, while the applicant’s counsel asserted that service would be effected on the same day. The Court noted the procedural dispute and, after hearing the parties, disposed of the interim application without granting the request for an early date. The matter was instead listed for a final hearing on 9 October 2026. The Court further directed both parties to file a compilation of documents, a short synopsis, and their legal positions with authorities by 1 October 2026.

Issues considered

Whether the interim application seeking an early hearing date was properly served on the respondents
Whether the Court should grant an early date of hearing for the second appeal

Subjects

interim application
service of notice
hearing date
civil appellate jurisdiction
procedure

Judgment

37-IA-11393-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 11393 OF 2025
IN
SECOND APPEAL NO. 30 OF 2018
WITH
CIVIL APPLICATION IN SA NO. 1906 OF 2017
IN
SECOND APPEAL NO. 30 OF 2018
Indubai Dayanoba Patil …Applicant
Vs.
Suman Dnyanoba Patil and anr …Respondents
Mr. Rugwed R. Kinkar i/b Mr. Drupad S. Patil, advocate for the
Applicant
Mr. Prajakt N. Deshmukh (VC), advocate for Respondent No. 1
Ms. Nikita A. Malu i/b Mr. Bhaskar P. Shinde, advocate for
Respondent No. 2

CORAM : RAJESH S. PATIL, J.
DATE : 3 SEPTEMBER 2026
P. C. :
1. Learned counsel Ms. Nikita Malu submits that copy of present

Interim Application has not been served upon her client. Learned
IRESH
MASHAL
counsel Mr. Kinkar submits that copy of present Interim Application
Digitally signed
by IRESH
MASHAL
Date:
2026.09.09
10:18:25
+0530
will be served today, during the course of the day.

2. List the Second Appeal on 9 October 2026. Matter to come up

under the caption “For Final Hearing”.

Iresh
37-IA-11393-2025.doc

3. Interim Application No. 11393 of 2025 which was filed for

fixing early date of hearing of the Second Appeal stands disposed of.

4. Parties to file a compilation of document, short synopsis along

with their preposition of law and authorities relied upon by them by

1 October 2026.

( RAJESH S. PATIL, J. )

Iresh

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