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2025 Supreme(Online)(Bom) 351757

Gazi Salauddin Rehmatulla Hoole alias Pardeshi Baba Trust – Appellant
Versus
New Shree Swami Samartha Borivade – Respondent


Order (Per Kamal Khata, J.):-

1) The present application is preferred by the Applicant seeking recall of the Judgment dated 30th April 2025, passed by this Court in the present Writ Petition.

2) Mr. Rajiv Patil, learned senior Advocate for the Applicant submits that, this Application is in pursuance of the Supreme Court Order dated 17th June, 2025 whereby the Supreme Court has granted liberty to the Applicant to avail an appropriate legal remedy including filing of an Application before this Court seeking recall of the Judgment dated 30th April, 2025.

2.1) He submits that, this Court passed the impugned Judgment dated 30th April 2025 overlooking the fact that the Civil Judge was pleased to dismiss the Regular Civil Suit No.318 of 2002 by its Judgment dated 5th April, 2025. Thus, the directions passed by this Court in paragraph No.12(a), 12(c) and 12(d) would stand vitiated by virtue of the Judgment in the Regular Civil Suit No.318 of 2002. He contended that, the Petitioners endeavor to suppress the dismissal of the Suit. The Applicant, however, by his Affidavit dated 29th April 2025 had placed on record the Judgment dated 5th April 2025 amongst other documents.

2.2) Mr. Patil contends

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