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Bombay High Court

DEEPLAXMI NAGARI SAHAKARI PAT SANSTHA LTD.versusVAISHALI ARUN REBINAL AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The revision application is withdrawn, and the matter is left to be adjudicated by the trial court.

Summary

Deeplaxmi Nagari Sahakari Pat Sanstha Ltd filed a civil revision (No. 92 of 2026) in the Bombay High Court seeking to quash the judgment and order dated 27-04-2026 passed by the 7th Joint Civil Judge, Senior Division, Satara in Regular Civil Suit No. 68 of 2026. The applicant, through counsel, later requested leave to withdraw the revision application and to raise all contentions before the trial court. The bench, after hearing, granted the request to withdraw the revision and directed that the merits be considered by the trial court. Consequently, the revision application was disposed of as withdrawn. No substantive merits of the original dispute were decided by the High Court.

Issues considered

  • Whether a civil revision application may be withdrawn at the discretion of the applicant and with the court's permission
  • Procedural consequences of withdrawing a revision application on the merits of the underlying suit

Subjects

  • civil revision
  • withdrawal of application
  • procedural law
  • High Court
  • trial court

Judgment

                                                           30-CRA-92-2026 (C).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

               CIVIL REVISION APPLICATION NO. 92 OF 2026

Deeplaxmi Nagari Sahakari Pat Sanstha Ltd.            … Applicant
                    Versus
Mrs. Vaishali Arun Rebinal And Ors.                   … Respondents


                              ——————
Mr. Pradeep D. Dalvi a/w. Mr. Tejas Shelake & Ms. Sonal Nalawade for the
Applicant.
                              ——————

                                Coram :        ASHWIN D. BHOBE, J.

                                Date       :   10th September 2026.

PER COURT :


1.    By the present Revision Application, the Applicant has sought the

following substantive relief:


      “A]    The impugned judgement and order dated 27-4-2026 passed by
             7th Joint Civil Judge, Senior Division, Satara passed below Exh.
             20 in Regular Civil Suit No. 68 of 2026 be quashed and set aside
             and application below Exh. 20 may be allowed.”


2.    After having heard the matter for some time, Mr. Pradeep Dalvi,

learned advocate for the Applicant, sought a pass over to take instructions. At



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                     his request, after some time, this Application was taken up.


                     3.       Mr. Pradeep Dalvi, learned advocate for the Applicant, on instructions

                     from the Applicant, seeks leave to withdraw the present Revision Application

                     with liberty to raise all the contentions on law as well as on merits of the case

                     before the Trial Court.


                     4.       In view of the statement made by Mr. Pradeep Dalvi, learned Advocate

                     for the Applicant, leave is granted to withdraw the Revision Application.


                     5.       All the contentions of the Applicant on merits of the case are left open

                     for consideration by the Trial Court while adjudicating the suit.


                     6.       Civil Revision Application No. 92 of 2026 is disposed of as withdrawn.




                                                             [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.10
           20:54:56
           +0530




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