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