Bombay High Court

SHIVRAM KUNDLIK ARJUNKAR (DIED) THR. LRS. MANGAL P. YAMGAR AND ORSversusTHE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: RAJNISH R VYAS

Holding

The court allowed the withdrawal of the civil application with liberty to file a fresh one.

Summary

The petitioners, represented by the legal heirs of the deceased Shivram Kundlik Arjunkar, filed a civil application against the State of Maharashtra and others. Their counsel sought the court's permission to withdraw the pending application and to be allowed to file a fresh civil suit. The sole issue before the bench was whether the High Court could grant such a withdrawal with liberty to re‑initiate proceedings. The court, after hearing the counsel, found no impediment to permitting the withdrawal. Consequently, the application was allowed to be withdrawn and the petitioners were granted liberty to file a fresh civil application.

Issues considered

Whether the High Court may permit the withdrawal of a civil application with liberty to file a fresh application?

Subjects

withdrawal of civil application
fresh suit
procedural law
High Court of Bombay
permission to withdraw

Judgment

2026:BHC-AUG:9056


                                                   1                             25.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 10897 OF 2024
                                       IN FA/2760/2019
               SHIVRAM KUNDLIK ARJUNKAR (DIED) THR. LRS. MANGAL P.
                                    YAMGAR AND ORS
                                           VERSUS
                  THE STATE OF MAHARASHTRA THR THE COLLECTOR,
                                  OSMANABAD AND ORS
                                              ...
                         Advocate for Applicants : Mr. Sachin Bhalerao
                                    h/f. Mr. Kale Ajeet B.
                       AGP for Respondent Nos. 1 & 2 : Mr. V.S. Badakh
                Advocate for Respondent No. 3 : Mr. S.G. Bhalerao (through V.C.)
                                              ...
                                               CORAM : RAJNISH R. VYAS, J.
                                               DATE : 04TH MARCH, 2026

              PER COURT :

              1.             Learned counsel for the applicants seeks permission to

              withdraw the said application with liberty to file a fresh Civil

              Application.


              2.             Civil Application is allowed to be withdrawn with liberty as

              prayed for.




                                                              ( RAJNISH R. VYAS, J. )



              SPC

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