Bombay High Court

SHALINI SURESH CHAVAN AND ANR.versusDIGAMBER PANDURANG CHAVAN AND ORS.

Disposal: Disposed Off

Holding

The revision application is disposed of as withdrawn, with liberty granted to the applicants to file a fresh application before the trial court.

Summary

The applicants, Shalini Suresh Chavan & Anr., filed a civil revision seeking to quash a judgment dated 24.03.2026 passed by the Civil Judge (SD) Solapur in Suit No. 695 of 2018. During the hearing, the applicants' counsel requested a pass‑over to obtain further instructions and subsequently sought leave to withdraw the revision application, intending to file a fresh application under Order XIV of the CPC before the trial court. The bench, after considering the counsel’s request, granted liberty to withdraw the present application. It directed that any future application before the trial court be decided on its own merits. Consequently, the revision application was disposed of as withdrawn.

Issues considered

Whether the civil revision application can be withdrawn at the interlocutory stage
Whether the applicants may file a fresh application under Order XIV of the CPC after withdrawal

Legislation cited

Code of Civil Procedure, 1908 — s. Order XIV

Subjects

civil revision
withdrawal of application
order XIV CPC
quash judgment
procedural law

Judgment

                                                                                     20 - CRA - 114 - 2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                          CIVIL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:06:08 +0530                      CIVIL REVISION APPLICATION NO. 114 OF 2026

                      Shalini Suresh Chavan & Anr.                           … Applicants
                                  V/s.
                      Digamber Pandurang Chavan & Ors.                       … Respondents

                      Mr. Prasad P. Kulkarni with Mr. Nakul V. Shukla for the
                      Applicants.



                                                         CORAM         : ASHWIN D. BHOBE, J.

                                                         DATED         : SEPTEMBER 22, 2026
                      P.C.:


                      1.      Heard Mr. Prasad P. Kulkarni, learned Advocate for the Applicants.


                      2.      By the present Application, the Applicants have sought the

                      following substantive relief:

                              “c)    To Quash and set aside the Judgment and Order dated 24.03.2026
                              passed by Civil Judge (SD) Solapur below Ex.75 in Regular Civil Suit No. 695
                              of 2018 and thereby reject the Plaint in Regular Civil Suit No. 695 of 2018.”


                      3.      After having heard the matter for some time, Mr. Prasad P.

                      Kulkarni, learned Advocate for the Applicants, sought a pass-over to

                      take instructions from the Applicant. At his request, this Application was

                      taken up post-lunch.


                      4.      Mr. Prasad P. Kulkarni, learned Advocate for the Applicants, on

                      instructions from the Applicants, seeks leave to withdraw the present



                      VRJ                                                                                    1
                                                    20 - CRA - 114 - 2026.docx


Application with liberty to file an Application under Order XIV of the

CPC before the Trial Court.


5.    In view of the statement made by Mr. Prasad P. Kulkarni, learned

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

Application with liberty as prayed.


6.    If any Application is filed before the Trial Court, the same be

considered on its own merits and in accordance with law.


7.    Civil Revision Application No. 114 of 2026 stands disposed of as

withdrawn.


                                         (ASHWIN D. BHOBE, J.)




VRJ                                                                         2

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