Bombay High Court
LAXMIBAI DATTATRAYA SALOKHE SINCE DECEASED THROUGH LEGAL HEIRversusAJINKYA ANNASO SALOKHE
- Disposal
- Disposed Off
- Bench
- VRUSHALI V JOSHI
Holding
The interim application is withdrawn with liberty to file a fresh application.
Summary
In an interim application filed in a second appeal, the appellant sought to withdraw the application because it mistakenly named the legal heirs of Respondent No. 1 instead of the legal representatives. The court examined the request and allowed the withdrawal, granting liberty to file a fresh application. It ordered that any ad‑interim relief previously granted would remain in effect until a new application is filed. No substantive merits of the underlying dispute were addressed. The order was pronounced by Justice Vrushali V. Joshi on 6 August 2026.
Issues considered
- Whether the interim application may be withdrawn and a fresh application filed in its place
- Whether the error in naming parties (heirs vs. legal representatives) warrants such withdrawal
Subjects
- interim application
- withdrawal
- legal representatives
- civil appellate jurisdiction
- Bombay High Court
Judgment
28-IA-1009-2026 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1009 OF 2026
IN
SECOND APPEAL NO. 86 OF 2020
Laxmibai Dattatraya Salokhe,
Since Deceased Through LRs. .....Applicants
In the Matter in Between:
Ajinkya Annaso Salokhe & Ors. .....Appellants
Vs.
Laxmibai Dattatraya Salokhe,
Since Deceased Through LRs. .....Respondents
..…
Mr. Balkrishna Patil with Mr. Sudhir Hardikar, Advocate for
Applicants.
Mr. Ajay RajeNimbalkar, i/b. Mr. Bhooshan Mandlik, Advocate for
Respondents/Appellants.
.....
CORAM: MRS. VRUSHALI V. JOSHI,
DATED: 6th AUGUST 2026
P.C.:-
1. The learned Counsel for the Appellant, appearing in Interim
Application No. 1009 of 2026, seeks permission to withdraw the
present Interim Application with liberty to file a fresh application, as
the present application erroneously seeks to bring the legal heirs of
Respondent No. 1 on record instead of the legal representative(s) of
Respondent No. 1.
Gaikwad RD 1/2
28-IA-1009-2026 (C).doc
2. The Interim Application stands disposed of as withdrawn with
liberty to file a fresh application.
3. The ad-interim relief, if any, granted earlier shall continue until
the fresh application is filed.
(MRS. VRUSHALI V. JOSHI, J.)
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.08.07
20:12:36
+0530
Gaikwad RD 2/2
Checking your session…