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Bombay High Court

YUVRAJ MARUTI VAGARE AND ANRversusAnil Dattatray Patil Deceased thr lgl heirs Smt Laxmi Anil Ananda Patil

Disposal
Allowed

Holding

The Court recalled the order dated 14 August 2026 and extended the time to furnish the spare copy, subject to restoration of the original order if the copy is not filed by the extended deadline.

Summary

The Applicants filed an interim application seeking to recall and set aside the order dated 14 August 2026 passed in Second Appeal (St.) No. 1679 of 2025, alleging that the required spare copy of the order had not been furnished due to an error by their Advocate-on-Record. The Respondents did not oppose the request. The Court held that the error was procedural and therefore recalled the order, extending the deadline for furnishing the spare copy to 12 October 2026. It clarified that if the spare copy is not filed within the extended period, the original order will be restored and the proceedings dismissed. Consequently, the interim application was allowed on the terms specified.

Issues considered

  • Whether the order dated 14 August 2026 can be recalled on account of non‑compliance with the requirement to furnish a spare copy in the Registry.
  • Whether the Court may extend the time for furnishing the spare copy and impose a condition that the original order will be restored if the requirement is not met.

Subjects

  • interim application
  • recall of order
  • procedural compliance
  • spare copy
  • extension of time
  • civil appellate jurisdiction

Judgment

                                                          501-IA-1616-2026 (C).docx


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

                      CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 1616 OF 2026
                                   IN
                   SECOND APPEAL (ST.) NO. 1679 OF 2025

Yuvraj Maruti Vagare & Anr.                           … Applicants
                    Versus
Anil Dattatray Patil (Since deceased)                 … Respondents
Through LRs
Smt. Laxmi Anil @ Ananda Patil & Ors.


                                   ——————
       Mr. Giridhar S. Koli for the Applicants.
       Mr. Gajanan M. Savagave a/w. Mr. Adarsh Patil i/b. Mr. Prashant
        Suryawanshi for the Respondent Nos.1A to 1C & 2.
       Mr. Umesh H. Pawar for the Respondent Nos.8 to 11.
                                   ——————

                                Coram :       ASHWIN D. BHOBE, J.

                                Date      :   8th October 2026.

PER COURT :


1.      Not on board. Upon mentioning, taken on board.


2.      This Application is circulated pursuant to the praecipe dated 8th

October 2026. The same is taken on record and marked “X” for identification.

3.      Heard Mr. Giridhar Koli, learned Advocate for the Applicants, Mr.

Gajanan Savagave, learned Advocate for Respondent Nos. 1A to 1C & 2 and


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Mr. Umesh Pawar, learned Advocate for Respondent Nos. 8 to 11.

4.        By the present Application, the Applicant has sought the following

relief:

           “a]   This Hon'ble Court be pleased to recall and / or set aside the order
                 dated 14.8.2026 passed by the this Hon'ble Court in Second Appeal
                 [St.] No. 1679 of 2025.”



5.        Mr. Giridhar Koli, learned Advocate for the Applicants, states that it

was on account of an error on the part of the Advocate-on-Record that the

spare copy, as was required to be furnished in the Registry in terms of the

order dated 14th August 2026, remained to be furnished. He submits that the

spare copy would be furnished on or before 12 th October 2026 to enable

service upon the Respondents who are not appearing. This request is not

opposed by Mr. Gajanan Savagave, learned Advocate for Respondent Nos. 1A

to 1C & 2 and Mr. Umesh Pawar, learned Advocate for Respondent Nos. 8 to

11.

6.        In view of the statement made by Mr. Giridhar Koli, learned Advocate

for the Applicants, that the error was on the part of the Advocate, the order

dismissing Interim Application Nos. 1168, 1169 and 1170 of 2025 is recalled.

7.        The time to furnish the spare copy in terms of the order dated 14 th

August 2026 is extended till 12th October 2026.


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                    8.        It is now clarified that if the spare copies are not furnished within the

                    extended period, the order dated 14 th August 2026 shall stand restored and

                    the proceedings shall stand dismissed.


                    9.        The Interim Application No. 1616 of 2026 is allowed in aforesaid

                    terms.




                                                             [ ASHWIN D. BHOBE, J. ]



           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.10.08
           19:44:23
           +0530




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