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Bombay High Court

Appasaheb Eknath Vibhute since deceased through legal heirs and othersversusRatnabai Basavannappa Phatate since deceased through legal heirs and others

Disposal
Disposed Off

Holding

The interim application is dismissed as infructuous because the main appeal has been dismissed.

Summary

The case concerned an interim application filed in a second appeal relating to the estates of the deceased Appasaheb Eknath Vibhute and Ratnabai Basavannappa Phatate. The High Court dismissed the second appeal, thereby removing the basis for any interim relief. Consequently, the court held that the interim application was infructuous and dismissed it. No substantive merits of the underlying dispute were addressed. The decision was based solely on procedural grounds that the main appeal no longer existed.

Subjects

  • interim application
  • appeal dismissal
  • procedural law
  • high court
  • civil procedure

Judgment

                                                        926-IA-1429-2026 (C).doc


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

                       CIVIL APPELLATE JURISIDCTION

                  INTERIM APPLICATION NO. 1429 OF 2026
                                   IN
                     SECOND APPEAL NO. 209 OF 2026

Appasaheb Eknath Vibhute Since Deceased
Through Legal Heirs & Ors.                   …...Applicant.
     Vs.
Ratnabai Basavannappa Phatate Since Deceased
Through Legal Heirs & Ors.                   …...Respondents

                            ____________
Mr. Mahadeo A Choudhari, Advocate for the Appellant.
                            ——————

                                Coram :    ASHWIN D. BHOBE, J.
                                Date :     30th September 2026.

PER COURT :


1.       As the Second Appeal itself is dismissed, the Interim Application

No.1429 of 2026 is rendered infructuous and is, as such, dismissed.




                                     [ ASHWIN D. BHOBE, J. ]




Suresh                           1 of 1


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