Bombay High Court
Yuvraj Vilas SankeshwariversusSanjivani Yuvraj Sankeshwari (Assumed name) Sanjivani Suresh Bhandawale
- Disposal
- Allowed
Holding
The Court held that the observations in the earlier order are limited to transfer proceedings and do not affect the merits of the applicant’s case.
Summary
The applicant, Yuvraj Vilas Sankeshwari, filed a praecipe on 9 September 2026 seeking that observations made by the Court on 4 September 2026 not prejudice his case on the merits. The Court noted that the earlier observations were confined to the adjudication of transfer proceedings and did not extend to the substantive merits of the suit. It clarified that all contentions raised in the Hindu Marriage Petition No. A‑178 of 2024 remain open for consideration by the Family Court at the appropriate stage. Consequently, the Court disposed of the praecipe filed on 9 September 2026. The order was to be read in conjunction with the earlier order dated 4 September 2026.
Issues considered
- Whether the observations made in the order dated 4 September 2026 prejudice the applicant’s case on the merits
- Whether the application should be decided on its own merits or limited to transfer proceedings
Subjects
- Hindu marriage
- transfer proceedings
- praecipe
- Family Court
- merits of suit
- court order
Judgment
P2-NOB-MCA-2-2026 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 2 OF 2026
Yuvraj Vilas Sankeshwari … Applicant
Versus
Sanjivani Yuvraj Sankeshwari … Respondent
(Assumed Name) Sanjivani Suresh Bhandawale
——————
Mr. Sandeep Koregave a/w. Ms. Supriyafor the Applicant.
Mr. Vaibhav R. Gaikwad for the Respondent.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 9th September 2026.
PER COURT :
1. Not on board. Upon mentioning, taken on board.
2. By this praecipe dated 9th September 2026, Mr. Sandeep Koregave,
learned Advocate for the Applicant submits that the observations made by
this Court in order dated 4th September 2026, more particularly the
observations in paragraph No.2 of this Application should not come in the
way of the Applicant at the time of adjudication of the suit / proceedings on
merits.
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P2-NOB-MCA-2-2026 (C).docx
3. In paragraph No.11 of the order dated 4 th September 2026 in Misc.
Civil Application No. 2 of 2026, this Court has already clarified that the
Application(s) be decided on its own merits and in accordance with law. The
observations made in order dated 4 th September 2026, are limited to the
adjudication of the transfer proceedings.
4. All contentions of the respective parties raised in their pleadings in
Hindu Marriage Petition No. A-178 of 2024 and/or in the Application/s filed
in the said Petition are left open for consideration by the Family Court at the
appropriate stage.
5. Praecipe dated 9th September 2026 is disposed of.
6. This order be read along with order dated 4th September 2026.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.09
20:26:32
+0530
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