Bombay High Court
JANARDHAN VILAS DINDE DECEASED THR. LRS GEETANJALI J DINDE ANAD ORSversusSULOCHANA BALWANT DINDE
- Disposal
- Disposed off as Withdrawn
Holding
The High Court allowed the withdrawal of the civil revision application, disposing it as withdrawn while leaving the merits open for adjudication by the trial court.
Summary
The applicants, representing the estate of the deceased Janardhan Vilas Dinde, filed a civil revision seeking to quash an order dated 14‑11‑2025 passed by the 11th Joint Civil Judge, Senior Division, Kolhapur in Suit No. 448 of 2010, invoking Section 115 of the Code of Civil Procedure. The matter was taken up out of turn and heard before Justice Ashwin D. Bhide. During the hearing, the applicants’ counsel, Mr. M. F. Havaldar, requested a pass‑over to take instructions and subsequently sought leave to withdraw the revision application, stating that the contentions should be decided on the merits by the trial court. The High Court granted leave to withdraw the revision application, expressly leaving all substantive contentions open for adjudication by the trial court. Consequently, the revision application was disposed of as withdrawn.
Issues considered
- Whether a civil revision application filed under Section 115 CPC may be withdrawn at the request of the applicant after it has been listed for hearing.
- Whether the withdrawal of the revision application extinguishes the applicant’s substantive contentions against the impugned order.
Legislation cited
- Code of Civil Procedure, 1908 — s. 115
Subjects
- civil revision
- withdrawal of application
- Section 115 CPC
- High Court procedural order
- trial court merits
Judgment
66-CRA-44-2026 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 44 OF 2026
1. Janardhan Vilas Dinde … Applicants
(Since Deceased) Through LRs
A. Geetanjali Janardhan Dinde & Ors.
Versus
Smt. Sulochana Balwant Dinde … Respondent
——————
Mr. M. F. Havaldar for the Applicants.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 4th September 2026.
PER COURT :
1. This Petition is at Sr. No.66 on today’s board.
2. At the time of rising of this Court at 7:00 p.m., Mr. Havaldar, learned
Advocate for the Applicants made a request that this matter be taken up out
of turn. At his request, this matter is taken up and heard between 7:10 to
7:28 p.m..
3. By this Civil Revision Application, the Applicants have sought for the
following substantive relief :
“b) This Hon'ble High Court invoking its powers under Section 115 of the
Code of Civil Procedure, be please to call for record and proceedings,
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66-CRA-44-2026 (C).docx
and after examining legality, validity and propriety of the impugned
order dated 14.11.2025 passed by Ld. 11th Joint Civil Judge, Senior
Division, Kolhapur below Exhibit 151 in Regular Civil Suit No.448 of
2010 (being EXHIBIT D to this Civil Revision Application) quash and
set aside the same.”
4. After having heard this matter for some time, Mr. Havaldar, learned
Advocate for the Applicants requested for a pass over to take instructions
from the Applicants.
5. After some time, at the request of Mr. Havaldar, learned Advocate for
the Applicants this Application was taken up.
6. Mr. Havaldar, learned Advocate for the Applicants, on instructions from
the Applicants, seeks leave to withdraw the present Application. He states
that all his contentions be left open for adjudication by the Trial Court on
merits.
7. In view of the above, leave is granted to withdraw the present Revision
Application.
8. All contentions of the Applicants on merits before the Trial Court are
left open.
9. Civil Revision Application No. 44 of 2026 is disposed of as withdrawn.
Digitally signed
by OMKAR
SHIVAHAR
OMKAR
SHIVAHAR
KUMBHAKARN [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.09.04
21:22:48
+0530
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