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Bombay High Court

LAXMIBAI DATTATRAYA SALOKHE SINCE DECEASED THROUGH LEGAL HEIRversusAJINKYA ANNASO SALOKHE

Disposal
Disposed Off

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The interim application is withdrawn with liberty to file a fresh application.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  • Whether the interim application may be withdrawn and a fresh application filed in its place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


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