Bombay High Court

KARISHMA FARUK SHAIKH AND ORSversusVIJAY NANASO GHANWAT AND ORS.

Disposal: Disposed off as Withdrawn

Holding

The revision application is withdrawn with liberty to raise the issues before the trial court.

Summary

The Applicants filed a Civil Revision seeking to set aside a judgment dated 6 November 2019 and to have their application allowed while rejecting the Respondents' plaint in Civil Suit No. 38 of 1985. During the hearing, the Applicants' counsel requested a pass‑over to obtain instructions and subsequently sought leave to withdraw the revision, proposing to raise all issues before the trial court. The Respondents did not oppose the withdrawal. The Court granted the Applicants liberty to withdraw the revision and to pursue the matters in the trial court. Consequently, the Revision Application was disposed of as withdrawn, and the related Interim Application was also dismissed.

Issues considered

Whether a Civil Revision application may be withdrawn at the appellate stage
Whether the parties may be granted liberty to raise the same issues before the trial court after withdrawal of the revision

Subjects

civil revision
withdrawal of application
procedural law
trial court jurisdiction
interim application

Judgment

912-IA-1401-2026 (C).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO. 37 OF 2020
WITH
INTERIM APPLICATION NO. 1401 OF 2026

Sairabanu Azad Shaikh & Ors. …...Applicants
Versus
Vijay Nanaso Ghanwat & Ors. …...Respondents

——————
Mr. Rushab D. Phade for Applicants
Mr. Vishwanath S. Talkute a/w. Mr. Mahesh Bhosale, Ms. Sampada Patil & Mr.
Shivaji Kokare for Respondents.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 24th September 2026.

PER COURT :

1. By the present Revision Application, the Applicants are seeking the

following substantive relief in terms of prayer clause (b) :

“b) that after quashing and setting the impugned Judgement and
Order dated 6th November, 2019 (Exhibit 'D' herein) passed by
the learned Second Joint Civil Judge, Junior Division, Malshiras
below Exhibit 406 in Regular Civil Suit No.38 of 1985, this
Honourable Court be pleased to allow the application filed by the
Petitioners below Exhibit 406 in Regular Civil Suit No.38 of 1985,
in its entirety, and be further pleased to reject the plaint filed by

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912-IA-1401-2026 (C).docx

the Respondents in Regular Civil Suit No.38 of 1985.”

2. Heard Mr. Rushab D. Phade, learned Advocate for the Applicants and

Mr. Vishwanath Talkute, learned Advocate for the Respondents.

3. After having heard the matter for some time, Mr. Rushab D. Phade,

learned Advocate for the Applicants, sought a passover to take instructions

from the Applicants. After some time, at his request, the Application was

taken up on board.

4. Mr. Rushab D. Phade, learned Advocate for the Applicants, on

instructions from the Applicants, seeks leave to withdraw the present

Revision Application, with liberty to raise all the issues raised in this

Application before the Trial Court in Regular Civil Suit No. 38 of 1985. This

request is not opposed by Mr. Vishwanath Talkute, learned Advocate for the

Respondents.

5. In view of the statement made by Mr. Rushab D. Phade, learned

Advocate for the Applicants, leave is granted to withdraw the present

Revision Application, with liberty to raise all the issues raised in this

Application before the Trial Court during the trial of Regular Civil Suit No. 38

of 1985.

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912-IA-1401-2026 (C).docx

6. The Civil Revision Application No.37 of 2020 is disposed of as

withdrawn with aforesaid liberty.

7. In view of the disposal of Civil Revision Application No. 37 of 2020, the

Interim Application No. 1401 of 2026 is also disposed of.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.24
17:51:48
+0530

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