Bombay High Court

WP/7751/2026 of VIJAY JANRAO GHONGADE (DEAD) Vs PRABAKAR GANGADHAR KEWALE AND OTHERS on 9 October 2026

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1 73-WP-7751-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO.7751 OF 2026 VIJAY JANRAO GHONGADE (DEAD) NEETA VIJAY GHONGADE AND ANR. VS PRABAKAR GANGADHAR KEWALE AND OTHERS

- -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri d. S. Joshi, Advocate for petitioners. Ms Tajwar Khan, Assistant Government Pleader for respondent Nos.3 to 6. CORAM : RAJNISH R. VYAS, J. DATED : October 09, 2026 Heard the learned counsel for the petitioners.

2. Challenge in this petition is to the judgment dated 29/09/2022 passed by 5th Jt. Civil Judge, Senior Division, Amravati in Regular Civil Suit No.322/2028 as well as judgment dated 04/09/2025 passed by the Principal District Judge, Amravati in Regular Civil Appeal No.164/2022.

3. During the course of hearing, the learned counsel for the petitioners fairly submits that what is required to be filed is Second Appeal. He submits that the original order which was subject matter of Regular Civil Suit No.322/2018 ought to have been challenged in a writ petition.

4. Hence, the petition against the final order passed in Regular Civil Appeal is not maintainable before this Court.

5. The petitioners are at liberty to avail the remedy as may be available in law.

6. The writ petition is disposed of as not maintainable. No costs.

(Rajnish R. Vyas, J.) Asmita 2026:BHC-NAG:13560 Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 09/10/2026 18:45:02

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