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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Disposed off as Withdrawn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The High Court allowed the withdrawal of the civil revision application, disposing it as withdrawn while leaving the merits open for adjudication by the trial court.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 Consequently, the revision application was disposed of as withdrawn.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  • Whether a civil revision application filed under Section 115 CPC may be withdrawn at the request of the applicant after it has been listed for hearing.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

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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