Bombay High Court

SHIVAJI SHANKAR RAO NALE and ORSversusSHRIMAN MAHARAJ NIRANJAN JAGATGURU JAIDEV MURUGAN MAHASWAMY CHITRADURG KHAS MATH and ORS

Disposal: Dismissed as Withdrawn

Holding

The Court granted leave to withdraw the civil revision application and dismissed it as withdrawn.

Summary

The Applicants filed a Civil Revision Application seeking to quash a 2010 judgment of the III District Judge, Kolhapur, and a 1995 decree of the 5th Joint Civil Judge, Kolhapur, which had dismissed their appeal and decreed against them. After a prolonged pendency since 2011, the Applicants, through counsel, indicated that two of the Applicants had died and expressed no desire to continue the proceedings. The Applicants' counsel filed a praecipe requesting withdrawal of the revision application, which was not opposed by the Respondent's counsel. The Court, noting the Applicants' clear intention to withdraw, granted leave to withdraw the application. Consequently, the Civil Revision Application No. 276 of 2011 was dismissed as withdrawn.

Subjects

civil revision
withdrawal of application
procedural dismissal
high court
Kolhapur
judgment set aside

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL (904) CRA-276.11.DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.20
21:46:20 +0530
lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO.276 OF 2011

Shivaji Shankar Rao Nale And Ors : Applicants
Versus
Shriman Maharaj Niranjan
Jagatguru Jaidev Murugan
Mahaswamy Chitradurg Khas Math
Through Mahapati Char Murti Gurushant Swamy
since deceased per LR
Shriman Maharaj Niranjan Chandrashekhar
Maharaj Swamy & Ors. : Respondents.

______________________________________________________

Ms. Supriya Koregave h/f Mr. Ajay Patil for the Applicants.
Ms. Sonal Nalawade i/by Mr. P. D. Dalvi for Respondent No.1.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 20 AUGUST 2026
PC:-

1. Heard Ms. Supriya Koregave, learned Advocate for the
Applicants and Ms. Sonal Nalawade, learned Advocate for
Respondent No.1.

2. Today this Civil Revision Application is listed at Sr. No.904
on the Supplementary Board under caption “For Dismissal”.

3. By the present Civil Revision Application, the Applicants
have sought for the following substantive relief :-

1
(904) CRA-276.11.DOCX

“(a) This Hon'ble Court be pleased to quash and set
aside the impugned Judgment and Order, dated
30.11.2010, passed by learned III District Judge,
Kolhapur, dismissing the Regular Civil Appeal No.
301/1995 as well as impugned Judgment and Decree,
dated 17.4.1995, passed by learned 5th Jt. Civil Judge
S.D. Kolhapur in Regular Civil Suit No. 837/1979,
whereby the suit is decreed against the Applicants and
dismissed against the other Defendants.”

4. On 17 August 2026 the following order is made :-

“1. The present Civil Revision Application has been
pending since the year 2011.

2. On 30th June, 2026 the following order was passed:-

"1. Mr. Koregave, holding for Mr. Om Gurav,
learned counsel appearing for the applicant,
submits that he intends to file his Vakalatnama
and seeks time to work out the matter.

2. As a last chance, stand over to 21" July,
2026.

3. It is made clear that if the learned counsel
for the applicant fails to work out the matter on
the next date, the present application shall
stand dismissed without any further reference
to this Court."

3. Today, the present Application is listed at Sr. No.60 on
the daily cause list. When this application was called out,
neither the Applicant nor the Advocate for the Applicant
were present, either physically or through V.C. mode.

4. Despite the order dated 30th June, 2026, in the interest
of justice and to afford an opportunity to the
Applicant/Advocate for the Applicant to appears and argue
the case, list this matter on 20th August, 2026 under the
caption "For Dismissal".

2
(904) CRA-276.11.DOCX

5. Ms. Supriya Koregave, learned Advocate for the Applicants,
states that Applicant No.2 (Malti Anandrao Salvi) and Applicant
No.4 (Smt. Usha Sureshrao Ingle) have passed away.

6. Ms. Supriya Koregave, learned Advocate for the Applicants,
tenders a praecipe dated 20 August 2026 which is taken on record
and marked with “X” for identification. She states that the
Applicants are not interested in pursuing this Civil Revision
Application and therefore seeks leave to withdraw this Civil
Revision Application.

7. Ms. Sonal Nalawade, learned Advocate for the Respondent
No.1, does not oppose the request of withdrawal of this Civil
Revision Application made by Ms. Supriya Koregave, learned
Advocate for the Applicant.

8. In view of the statement made by Ms. Supriya Koregave,
learned Advocates for the Applicants as also the statement in the
praecipe (“X”), leave is granted to withdraw this Civil Revision
Application.

9. Civil Revision Application No.276 of 2011 is dismissed as
withdrawn.

(ASHWIN D. BHOBE, J.)

Continue reading with your account

Checking your session…