Bombay High Court

SATYA DARSHAN CO-OPERATIVE HOUSING SOCIETY LIMITED AND ORS.versusBHAGWAN SHAHADRAO JADHAV AND ORS.

Decided: 17 February 2026
Disposal: Allowed
Bench: SHARMILA U DESHMUKH

Holding

The court recalled the conditional order and restored the first appeal for filing.

Summary

The applicants filed Interim Application No. 1308 seeking recall of a conditional order dated 28 January 2026 that dismissed their first appeal for failure to remove office objections. The objection concerned the inclusion of legal heirs of pro forma defendants, which the applicants argued was not moved despite filing. The court, after hearing counsel for both sides, allowed the interim application, recalling the conditional order and restoring the first appeal for filing. Subsequently, the court issued notices to the proposed respondents under Interim Applications Nos. 1309 and 1310, with return dates fixed for 17 March 2026. The decision effectively reinstates the appeal and ensures procedural compliance regarding the parties to be served.

Issues considered

Whether the conditional order dismissing the first appeal for non‑removal of objections can be recalled.
Whether notice should be issued to the proposed respondents in the pending appeal.

Subjects

interim application
conditional order
recall of order
civil appellate jurisdiction
notice issuance
procedural objections

Judgment

                                                        906 IA-1308-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 1308 OF 2026
                                     IN
                     FIRST APPEAL (St.) NO. 36641 OF 2025

Satya Darshan Co-Operative Housing Society
Limited And Ors.                                        ...Applicants
          Versus
Bhagwan Shahadrao Jadhav And Ors.                       ...Respondents

                                 WITH
             INTERIM APPLICATION NO. 1309 OF 2026
                                 WITH
              INTERIM APPLICATION NO. 1310 OF 2026
                              ——————
Mr. Aniesh Jadhav for Applicant/Appellant.
Mr. Pradeep M. Patil for Respondent-BMC.
                              ——————

                             CORAM : SHARMILA U. DESHMUKH, J.
                             DATE    : FEBRUARY 17, 2026


P. C. :

Interim Application No. 1308 of 2026 :

1.        Interim Application has been preferred seeking recall of

conditional order dated 28th January, 2026 by which First Appeal came

to be dismissed for non-removal of office objections.

2.        Learned counsel appearing for Applicant submits that the

objection pertains to bringing the legal heirs of proforma Defendants



Sairaj                              1 of 2
                                                        906 IA-1308-2026.doc


on record and though the Application was filed, the same was not

moved and hence, conditional order came into effect.

3.       Mr. Patil, learned counsel appearing for Respondent-Corporation

would oppose the application.

4.       For the reasons stated in the application, the Interim Application

is allowed.

5.       The order of 28th January, 2026 is recalled and First Appeal is

restored to file.

Interim Application No. 1309 of 2026 :

6.       Issue notice to the proposed Respondents returnable on 17th

March, 2026.

Interim Application No. 1310 of 2026 :

7.       Issue notice to the proposed Respondents returnable on 17th

March, 2026.



                                        [SHARMILA U. DESHMUKH, J.]




Sairaj                              2 of 2

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