Bombay High Court
IA/1209/2026 of D A KAPSE THR PROP D A KAPSE DECS THR LRS Vs BASAVRAJ OIL MILLS THR PARTNER SUBHASH PARAPPA KALYANSHETTI DECS THR LRS on 16 October 2026
COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1209 OF 2026 IN SECOND APPEAL NO. 202 OF 2017 M/s. D. A . Kapse Through Proprietor, Shri. D.A. Kapase since deceased through legal heirs A . Anandibai Dhondiram Kapse and Others.
65-IA-1209-2026(C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1209 OF 2026
IN
SECOND APPEAL NO. 202 OF 2017
M/s. D. A. Kapse
Through Proprietor, Shri. D.A. Kapase since deceased through legal heirs
A. Anandibai Dhondiram Kapse and Others.
...Applicants
IN THE MATTER BETWEEN :
M/s. D. A. Kapse
Through Proprietor, Shri. D.A. Kapase since deceased through legal heirs
A. Anandibai Dhondiram Kapse and Others.
...Appellants
Versus
Basavraj Oil Mills
Through Partner Subhash Parappa Kalyanshetti, since deceased through legal heirs and Others.
...Respondent
——————
Mr. Drupad Sopan Patil for the Applicant.
Ms. Drishti Madhvi (Through V.C.) for the Respondent No.1.
Mr. Tehjeej A. Nadaf i/by Mr. P. S. Bhavake for Respondent Nos.1 C.
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : OCTOBER 16, 2026
P. C. :
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1. After hearing the learned counsel for the Applicant for some time, learned counsel for the Applicant, on instructions, seeks permission to withdraw the Interim Application since the possession has already been handed over to the original owner. Jamadar - SL 1 of
2026:BHC-KOL:10124
65-IA-1209-2026(C).doc
2. Mr. Patil, would submit that the withdrawal of the present Interim Application should not create an impediment in the right of the original owner to seek appropriate relief in accordance with law.
3. The Interim Application is permitted to be withdrawn with clarification that the original owner is at liberty to adopt appropriate proceedings in accordance with law, if so advised. All rights and contentions of all parties in that regard are expressly kept open.
4. The Interim Application is disposed of as withdrawn.
[SHARMILA U. DESHMUKH, J.] Jamadar - SL 2 of