Bombay High Court

SANGEETA BALU CHORMALE AND ORSversusRAMA @ RAMBHAU KONDIBA THOMBRE AND ORS 6

Decided: 4 March 2026
Disposal: Disposed Off
Bench: GAURI GODSE

Holding

The writ petition is withdrawn with liberty to pursue the fresh application filed in the trial court.

Summary

The petitioners, Sangeeta Balu Chormale and others, filed a writ petition in the Bombay High Court seeking relief against the respondents. They later filed a fresh application in the trial court after obtaining liberty from this Court on 5 April 2023. The petitioners now moved to withdraw the writ petition, requesting liberty to pursue the fresh application. The Court granted leave to withdraw the writ petition, disposing it as withdrawn, and clarified that the fresh application will be decided on its merits. All other contentions remain open and the pending interim applications were declared infructuous.

Issues considered

Whether a writ petition can be withdrawn after filing a fresh application in the trial court with prior liberty from the High Court
Whether the Court may grant liberty to withdraw the petition while keeping other contentions open

Subjects

writ petition
withdrawal
fresh application
procedural liberty
interim application
High Court

Judgment

2026:BHC-AS:10609

                                                                44-WP-8050-2018.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
     Swapnil
                            CIVIL APPELLATE JURISDICTION
                            WRIT PETITION NO. 8050 OF 2018
               Sangeeta Balu Chormale and Ors.            …     Petitioners
                    Vs.
               Rama Alias Rambhau Kondiba
               Thombare and Ors.                          …     Respondents
                                         WITH
                          INTERIM APPLICATION NO. 13327 OF 2023
                                         WITH
                          INTERIM APPLICATION NO. 13328 OF 2023

               Mr. S. S. Kulkarni for the petitioners.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       4th MARCH 2026

               ORDER :


               1.    Learned counsel for the petitioners, on instructions,

               submits that the petitioners have already filed an application

               in the trial court pursuant to the liberty granted by this court

               vide order dated 5th April 2023. He, therefore, seeks leave to

               withdraw this writ petition with liberty to agitate the

               grievances in the fresh application filed before the trial court.


               2.    Leave granted with liberty as prayed.




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                                               44-WP-8050-2018.docx


3.   The writ petition is disposed of as withdrawn with liberty

as recorded above.


4.   It is clarified that the fresh application filed by the

petitioners shall be decided on its own merits and in

accordance with law.


5.   All rival contentions of the parties are kept open.


6.   The pending interim applications are disposed of as

infructuous.

                                         [GAURI GODSE, J.]




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