Bombay High Court

BHUJANGRAO SHAMRAO SHINDE DIED THROUGH HIS LEGAL REPR. DWARKABAI AND ORS.versusTHE EXECUTIVE ENGINEER, AURANGABAD IRRIGATION DIVISION, AURANGABAD AND ANR.

Disposal: DISPOSED OFF

Holding

The court permitted the withdrawal of the civil application with liberty to file appropriate proceedings later.

Summary

The applicants, represented by Dwarkabai as legal heirs of the deceased Bhujangrao Shamrao Shinde, filed a civil application seeking to withdraw the suit and obtain liberty to institute appropriate proceedings before the executing court after securing a heirship/succession certificate from a competent court. The respondents, including the Executive Engineer, Aurangabad Irrigation Division, opposed the withdrawal. The learned counsel for the applicants requested the court's permission to withdraw the application with the liberty to file a fresh suit later. The bench considered whether such a withdrawal with liberty could be permitted under procedural law. The court allowed the withdrawal and granted the requested liberty, disposing of the application as withdrawn.

Issues considered

What is the propriety of allowing a civil application to be withdrawn with liberty to file a fresh proceeding after obtaining a heirship/succession certificate?

Subjects

withdrawal of suit
heirship certificate
succession certificate
procedural law
execution proceedings

Judgment

2026:BHC-AUG:42790

                                                                   26-CA-10737-2026.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                             26 CIVIL APPLICATION NO. 10737 OF 2026
                                         IN FA/2907/2017

           Bhujangrao Shamrao Shinde Died Through His Legal Repr. Dwarkabai And
                                            Ors.
                                          VERSUS
           The Executive Engineer, Aurangabad Irrigation Division, Aurangabad And
                                            Anr.

                                                 ...
          Mr. B. G. Sagade for the Applicants.
          Mr. Ruturaj Patil for Respondent No.1.
          Mr. G. O. Wattamwar, AGP for State.
                                               ...


                                           CORAM :     SIDDHESHWAR S. THOMBRE, J.
                                           DATE :      15 SEPTEMBER 2026

          P. C.:

          1.        Learned counsel for the Applicants seeks leave to withdarw the

          Application with liberty to file appropriate proceeding before the Executing

          Court after getting the heirship/succession certificate from the competent

          Court.

          2.        The Civil Application is disposed of as withdrawn, with liberty as

          prayed for being granted.



                                                 [SIDDHESHWAR S. THOMBRE, J.]




          Shubham                                                             Page 1 of 1

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