Bombay High Court

MR. SURESH EKNATH KALATE AND ANR.versusMR. SUBHAN RAJARAM KALATE THR ITS POA SWAMIRAJ ASSOCIATES

Decided: 17 February 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

Leave to withdraw the civil revision application was granted, and the application was dismissed as withdrawn, with the grounds for rejection of the plaint kept open for final adjudication.

Summary

The applicants, Suresh Eknath Kalate and another, filed Civil Revision Application No. 588 of 2025 in the High Court of Bombay. They later moved the Court seeking leave to withdraw the revision application while retaining the liberty to raise all grounds for rejection of the plaint at the time of the suit's final adjudication. The learned counsel for the applicants, Mr. S.C. Wakankar, made the request and the Court, after hearing the parties, granted the leave as prayed. Consequently, the revision application was dismissed as withdrawn, but the issues raised in the earlier application for rejection of the plaint remain open for determination when the suit is finally decided. The Court also directed that the learned Civil Judge should not be influenced by any observations in the impugned order while deciding the suit on its merits.

Issues considered

Whether the Court may grant leave to withdraw a civil revision application while preserving the liberty to raise the same grounds at the final adjudication of the suit

Subjects

civil revision
withdrawal of application
procedural law
high court
liberty to raise grounds

Judgment

  2026:BHC-AS:8382

                                                                                         14 cra 476 of 2025.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                      CIVIL REVISION APPLICATION NO.588 OF 2025

                      Suresh Eknath Kalate and Anr.                          ...   Applicants
                           versus
                      Subhan Rajaram Kalte and Ors.                          …     Respondents

                      Mr. S.C.Wakankar, for Applicants.
                      Mr. Prathamesh Bhargude with Mr. Sumit Sonare, for Respondents.

                                           CORAM:        N.J.JAMADAR, J.

                                           DATE :        17 FEBRUARY 2026
                      P.C.

                      1.       Heard the learned Counsel for the parties.

                      2.       Learned Counsel for the Applicants, on instructions, seeks leave to

                      withdraw the Application with liberty to raise all the grounds in the application

                      for rejection of the plaint at the time of final adjudication of the suit.

                      3.       Leave granted with liberty as prayed for.

                      4.       Civil Revision Application stands dismissed as withdrawn.

                      5.       All questions raised in the application for rejection of the plaint are kept

                      open for adjudication at the time of final disposal of the suit.

                      6.       Learned Civil Judge shall not be influenced by any of the observations

                      in the impugned order while deciding the suit finally.




                                                                             ( N.J.JAMADAR, J. )



                      SSP                                                                      1/1



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 18/02/2026 14:58:33

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