Bombay High Court

SAMBHAJI SHIVAJI PAWAR AND ORSversusYAMAIDEVI URUN ISLAMPUR THR POA HOLDER MADHUKAR NANA GURAV SINCE DEC THR LRS

Disposal: Disposed Off
Bench: SHAILESH P BRAHME

Holding

The writ petitions stand disposed as the matters have been finally decided by the lower appellate court and remanded for fresh trial.

Summary

The petitioners filed several writ petitions challenging interim orders. The lower appellate court had already decided the appeals and remanded the matters to the trial court for fresh consideration on merits. The High Court observed that, in view of the appellate court's final decision, the interim orders merged into that judgment and no issue remained for the writ petitions. Consequently, the writ petitions were disposed of, and any pending interim applications were also dismissed. The court further noted that parties remain free to pursue their claims regarding any amounts deposited with the lower appellate or trial courts.

Issues considered

Whether the writ petitions should continue after the lower appellate court has decided the appeals and remanded the matters to the trial court

Subjects

Writ Petition
Appellate Court
Remand
Interim Application
Disposition

Judgment

                                             47-WP-3395-2025 (C).doc




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

                 CIVIL APPELLATE JURISDICTION

                WRIT PETITION NO. 3395 OF 2025

Pundlik Pandurang Gondkar And Anr                        ...Petitioners
      Versus
Yamaidevi Uran Islampur Throu. Poa Since
 Decd Throu. L.h                                       ...Respondents


                            WITH
                WRIT PETITION NO. 2525 OF 2025

Chandrakant Alias Ramchandra Gunhari Patil                 ...Petitioner
     Versus
Yamaidevi Urun Islampur Thr Poa Madhukar
Nana Gurav Since Dec Thr Lrs                            ...Respondent


                            WITH
                WRIT PETITION NO. 2524 OF 2025

Sambhaji Shivaji Pawar And Ors                           ...Petitioners
     Versus
Yamaidevi Urun Islampur Thr Poa Holder
Madhukar Nana Gurav Since Dec Thr Lrs                   ...Respondent


                            WITH
                WRIT PETITION NO. 2523 OF 2025

Ravindra Netaji Holkar And Ors                           ...Petitioners
     Versus
Yamaidevi Urun Islampur Thr Poa Madhukar
Nana Gurav Since Dec Thr Lrs                            ...Respondent


                            WITH
                WRIT PETITION NO. 3394 OF 2025




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Kalavati Pralhad Pore And Ors                                      ...Petitioners
      Versus
Yamaidevi Urun Islampur Thr. Poa Madhukar N.
Gurav Since Decd. Thr. Lrs                                       ...Respondents


                                   WITH
                    INTERIM APPLICATION NO. 580 OF 2026
                                    IN
                       WRIT PETITION NO. 3395 OF 2025

Yamaidevi Uran Islampur Throu. Poa Since Decd
Throu. L.h                                                          ...Applicants
      Versus
Pundlik Pandurang Gondkar And Anr                                ...Respondents
                                   …..
Adv. Swapnil Lokare, Advocate for Applicants.
Mr. Nikhil Pawar, Advocate for Petitioners.
                                  …..


                                       CORAM : SHAILESH P. BRAHME, J.

                                       DATE      : 25th JUNE, 2026.

P.C. :

           Both the learned counsel are unanimous that the appeals

preferred by the petitioners against the judgment and decree passed by

the Trial Court have been finally decided by the lower Appellate Court

vide judgment dated 13.01.2026. The lower Appellate Court remanded

the matters to Trial Court for deciding the matters afresh on their own

merits. In these supervening events, nothing survives in the writ

petitions. The interim orders which are under challenge have merged in

the final judgment.

2.         The writ petitions are disposed of.



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3.         In view of disposal of writ petitions, pending interim applications

also stands disposed of.

4.         Parties shall be at liberty to agitate their claim in respect of the

amount deposited in the lower Appellate Court or transferred to the

Trial Court as is permissible in law.

                                                   [ SHAILESH P. BRAHME]




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