Bombay High Court

SANGEETA BALU CHORMALE AND ORS.versusRAMA ALIAS RAMBHAU KONDIBA THOMBARE DECD THRU LHRS AND ORS.

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

Holding

The writ petition is withdrawn with liberty to pursue the fresh application, and the petition is disposed of as withdrawn.

Summary

The petitioners, Sangeeta Balu Chormale and others, filed a writ petition (WP No. 8050 of 2018) in the Bombay High Court. They later filed a fresh application in the trial court after receiving liberty from this Court on 5 April 2023 to pursue that remedy. The petitioners sought permission to withdraw the writ petition, citing the fresh application. The Court granted leave to withdraw the writ petition, ordering it to be disposed of as withdrawn while allowing the petitioners to continue their fresh application in the trial court. It clarified that the fresh application will be decided on its merits, kept all rival contentions open, and declared the pending interim applications infructuous.

Issues considered

Whether a writ petition may be withdrawn after filing a fresh application in the trial court with the Court’s prior liberty.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

Subjects

withdrawal of writ petition
fresh application
liberty to withdraw
interim applications infructuous
civil appellate jurisdiction
Bombay High Court

Judgment

2026:BHC-AS:10610

                                                                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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