Bombay High Court

TRIVENABAI RAMA SIRSAT (DIED) THR LRS RAMA DIED THR LRS MAHADEO AND ORSversusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ORS

Disposal: DISPOSED OFF

Holding

Leave to withdraw the civil application was granted, allowing the applicants to file a fresh application.

Summary

The applicants, represented by Advocate A.S. More, sought leave to withdraw a civil application filed to bring the legal representatives of a deceased claimant on record, citing an inadvertent error in the pleadings that named the claimants as the appellants instead of the acquiring body. The High Court considered whether such a withdrawal could be permitted and whether the mistake warranted a fresh filing. The Court held that the application could be withdrawn with liberty to file a fresh one to correct the representation issue. Consequently, the civil application was disposed of as withdrawn, and the applicants were directed to file a new application for the intended purpose.

Issues considered

Whether leave can be granted to withdraw a civil application for the purpose of correcting a pleading error.
Whether the error regarding the identity of the appellant necessitates a fresh filing.

Subjects

civil procedure
withdrawal of suit
representation of deceased
pleading correction

Judgment

2026:BHC-AUG:37401


                                                      1
                                                                       924-ca-3778-2025

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 3778 OF 2025 IN FAST/12292/2021

                       Trivenabai Rama Sirsat (died) Thr Lrs Rama Died Thr Lrs
                                           Mahadeo And Ors
                                                VERSUS
                      The State Of Maharashtra, Through Collector, Osmanabad
                                                And Ors
                                                    ...
                     Mr. A. S. More, Advocate for Applicants
                     Mr. S. N. Kendre, AGP for Respondents-State
                     Mr. A. S. Shelke, Advocate for Respondent no.3
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 18TH AUGUST, 2026

                     P.C. :-

                     .         Mr. A. S. More, learned Advocate for the applicants
                     seeks leave to withdraw the present Civil Application with
                     liberty to file a fresh application for bringing legal
                     representatives of deceased claimant on record. He submits
                     that inadvertently in the pleadings, it is mentioned that the
                     appeal is filed by the claimants, however it ought to have been
                     mentioned that the appeal is filed by the Acquiring Body.

                     2.        Leave granted. Civil Application stands disposed of as
                     withdrawn. The applicants may file fresh Civil Application for
                     bringing legal representatives of deceased claimant - Padmin
                     Dashrath Jogdand.



                                                          ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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