Bombay High Court
BHAVNA DIPESH SHAHversusTRUSHANG DIPESH SHAH
- Decided
- Disposal
- WITHDRAWN
- Bench
- FARHAN PARVEZ DUBASH
Holding
The petition is allowed to be withdrawn with liberty to file an appropriate proceeding.
Summary
The petitioner, Bhavna Shah, filed a guardianship petition in the Bombay High Court concerning a property located in Palghar District. The Department reported that neither the petitioner nor her sons reside in the jurisdiction of the Court’s original side, as Palghar is not covered under the Bombay High Court (Original Side) Rules, 1980. Consequently, the petitioner’s counsel sought permission to withdraw the petition and pursue a suitable proceeding elsewhere. The Court examined the jurisdictional limitation and the procedural propriety of withdrawing the petition. It granted leave to withdraw the guardianship petition, allowing the petitioner to file an appropriate suit in the correct forum.
Issues considered
- Whether the Bombay High Court has original jurisdiction over a guardianship petition concerning property in Palghar District.
- Whether the petitioner may be permitted to withdraw the guardianship petition and initiate appropriate proceedings elsewhere.
Subjects
- guardianship
- jurisdiction
- withdrawal
- original side
- Bombay High Court
Judgment
11. GP 9.2026
Bhavna Shah vs. Trushang Shah
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIANSHIP PETITION NO. 9 OF 2026
Bhavna Dipesh Shah … Petitioner
V/s.
Trushang Dipesh Shah … Respondent
_______________________________________
Ms. Trisha Kadu-Thakur a/w. Rajesh L. Makela for the Petitioner
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 8th APRIL 2026
P.C. :
1. The Department has filed a report stating that since the
Petitioner as well as her sons reside in Navsari, Gujarat and the property
referred to in the Petition is also situated at Palghar District and considering
that the original jurisdiction as per the Bombay High Court (Original Side)
Rules, 1980 in Chapter - I does not include Palghar District, the present Writ
Petition would not lie on the original side of this Court.
2. Considering this, Ms. Trisha Kadu-Thakur, learned Counsel who
appears on behalf of the Petitioner seeks leave to withdraw the present
Guardianship Petition with liberty to file an appropriate proceeding for
appropriate orders, in accordance with law.
Page 1 of 2
-------------------------------------
Order dated 8th April 2026
11. GP 9.2026
Bhavna Shah vs. Trushang Shah
3. The Guardianship Petition is allowed to be withdrawn with such
liberty.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
Digitally signed
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR
PAWAR Date: 2026.04.10
11:29:21 +0530
Page 2 of 2
-------------------------------------
Order dated 8th April 2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.