Bombay High Court
LAHOTI OVERSEAS LTD. THR. MANAGING DIRECTOR UMESH RAMBILAS LAHOTI AND ANR.versusTHORLA-NARSAYYA RAMDAS IPPAKAYAL AND ORS.
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the civil revision application and disposed of it, leaving the merits to be decided in the regular suit.
Summary
Lahoti Overseas Ltd. filed Civil Revision Application No. 98 of 2026 challenging the order dated 08/05/2026 of the 4th Joint Civil Judge, Senior Division, Solapur, which rejected the plaint. The applicants sought to have the impugned order quashed and the application at Exhibit‑22 made absolute, while also requesting leave to withdraw the revision and raise all contentions on merits in the regular suit No. 466 of 2021, including issues of maintainability and limitation. The learned counsel for the applicants, Mr. Suryajeet Chavan, expressed the desire to withdraw the revision application. The Court, after considering the request, granted leave to withdraw the civil revision and directed that the contentions remain open for adjudication in the regular suit. Consequently, the revision application was disposed of by the Court.
Issues considered
- Whether the civil revision application is maintainable in view of the pending regular suit
- Whether the suit is barred by limitation
- Whether the order of the 4th Joint Civil Judge can be quashed and the application at Exhibit‑22 made absolute
Subjects
- civil revision
- withdrawal of application
- limitation
- maintainability
- order quash
- regular civil suit
Judgment
3-CRA-98-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 98 OF 2026
Lahoti Overseas Ltd. Thr. Managing Director Umesh
Rambilas Lahoti And Anr. ...Applicants
Versus
Thorla-Narsayya Ramdas Ippakayal And Ors ...Respondents
__________________________________________________________
Mr. Suryajeet Chavan, for the Applicants.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th August, 2026.
P.C. :
1. Heard Mr. Suryajeet Chavan, learned Advocate for the
Applicants.
2. By the present Application, the Applicant has sought for
following substantive relief in terms of prayer clause (b) :-
(b) That by an Order of this Hon’ble Court, the
impugned Order dated 08/05/2026 passed by the Learned
4th Jt. Civil Judge, Senior Division, Solapur below Exhibit-
22 be quashed and set aside, and the application at
Exhibit-22 be made absolute, thereby rejecting the Plaint;
3. Mr. Suryajeet Chavan, learned Advocate for the Applicants,
on instructions from the Applicant, seeks leave to withdraw the
Arjun 1
3-CRA-98-2026.doc
present Application with liberty to raise all contentions on merits
with regards to the maintainability of the Suit as also the Suit
being barred by limitation in the trial before the Trial Court.
4. In view of the statement made by Mr. Suryajeet Chavan,
learned Advocate for the Applicant, leave is granted to withdraw
this Civil Revision Application, all the contentions, as available to
the Applicant (Defendant) in terms of law are expressly left open
for adjudication in trial of Regular Civil Suit No. 466 of 2021.
5. Civil Revision Application No. 98 of 2026 is disposed.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.01
14:15:13
+0530
Arjun 2
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