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Bombay High Court

AKSHAY AJIT ALIAS DEVGONDA PATILversusMAHAVEER BHUPAL PATIL AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the civil revision application and disposed of it as withdrawn.

Summary

The applicant, Akshay Ajit alias Devgonda Patil, filed a civil revision application seeking to quash the judgment dated 28.01.2026 in Special Civil Suit No. 89 of 2024 and to have the suit declared non‑maintainable. The application requested the High Court to call for the trial court records and examine the legality of the earlier judgment. During the hearing, the applicant's counsel, Mr. Sandeep Koregave, sought leave to withdraw the revision application and asked that all contentions be considered by the trial court on merits. The Court, after noting the request, granted leave to withdraw the application. Consequently, the revision application was disposed of as withdrawn, and the applicant's contentions were left open for consideration in the pending special civil suit.

Issues considered

  • What is the appropriate procedure for withdrawing a civil revision application before the High Court?

Subjects

  • Civil revision
  • Withdrawal of application
  • Procedural law
  • High Court
  • Special Civil Suit

Judgment

                                                           28-CRA-102-2026 (C).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                         CIVIL APPELLATE JURISDICTION

               CIVIL REVISION APPLICATION NO. 102 OF 2026

Akshay Ajit Alias Devgonda Patil                       … Applicant
                       Versus
Mahaveer Bhupal Patil And Ors.                         … Respondents


                              ——————
Mr. Sandeep Koregave a/w. Mr. Rohan Ghatage for the Applicant.
                              ——————

                                   Coram :      ASHWIN D. BHOBE, J.

                                   Date     :   1st September 2026.

PER COURT :


1.    Heard Mr. Sandeep Koregave, learned Advocate for the Applicant.


2.    By the present Application, the Applicant has sought for the following

substantive relief :


       “a] This Hon'ble High Court be pleased to call for records and
            proceedings pertaining to the Judgment and order dated
            28.01.2026 passed by the Ld. Civil Judge, Senior Division,
            Jaysingpur, Dist.-Kolhapur in Special Civil Suit No.89 of 2024,
            and after examining its legality, validity and correctness of the
            same, this Hon'ble Court be pleased to quash and set aside the



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                                                                               28-CRA-102-2026 (C).docx


                                   same and allowed application below Exh. 11 in toto and hold
                                   that Hon'ble present Special Civil Suit No.89 of 2024 is not
                                   maintainable and not to proceed the present suit.”


                      3.      After hearing for some time, Mr. Sandeep Koregave, learned Advocate

                      for the Applicant, on instructions, seeks leave to withdraw the present Civil

                      Revision Application and request for keeping all the contentions of the

                      Applicant on merits as raised in the written statement open for consideration

                      of the Trial Court while deciding the Special Civil Suit No. 89 of 2024 on

                      merits.


                      4.      In view of the statement made by      Mr. Sandeep Koregave, learned

                      Advocate for the Applicant, leave is granted to withdraw the present

                      Application.


                      5.      All the contentions of the Applicant are expressly left open for

                      consideration before the Trial Court in Special Civil Suit No. 89 of 2024.


                      6.      Civil Revision Application No. 102 of 2026 is disposed of as withdrawn.




                                                             [ ASHWIN D. BHOBE, J. ]
           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.02
           18:24:48
           +0530




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