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Bombay High Court

JANABAI KERU BHOLE AND ANOTHERversusASHA SIDDHARTH GHODESWAR

Decided
Disposal
Disposed Off

Holding

The Court granted leave to withdraw the interim application, allowing the applicant to file a fresh application.

Summary

The applicant, Janabai Keru Bhole, filed an interim application to bring certain facts on record for the purpose of seeking condonation of delay. Subsequently, the applicant sought leave from the Court to withdraw that interim application. The respondent, Asha Siddharth Ghodeswar, opposed the withdrawal. The Court examined whether it could permit the withdrawal and simultaneously allow the filing of a fresh interim application. It held that leave to withdraw could be granted, subject to liberty to file a fresh application. Accordingly, the interim application was disposed of as withdrawn.

Issues considered

  • Whether the Court may grant leave to withdraw an interim application seeking condonation of delay
  • Whether the applicant may be permitted to file a fresh interim application after withdrawal

Subjects

  • withdrawal of interim application
  • condonation of delay
  • civil appellate jurisdiction
  • interim relief
  • procedure

Judgment

                                                                                     26-IA-4546-26 IN AOST.DOC

 JYOTI
 RAJESH                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MANE
Digitally signed by
JYOTI RAJESH
                                            CIVIL APPELLATE JURISDICTION
MANE
Date: 2026.08.18
12:07:26 +0530
                                       INTERIM APPLICATION NO.4546 OF 2026
                                                       IN
                                      APPEAL FROM ORDER (ST) NO.16041 OF 2026


                      Janabai Keru Bhole And
                      Another                                               ...Applicant

                            Versus
                      Asha Siddharth Ghodeswar                              ...Respondents

                                                             _______
                      Mr. Prakash V. Sutar, for Applicant.
                      Ms. Nayana Orak i/b. Mr. Noman Jafri, for Respondents.
                                                             _______

                                                 CORAM:          AARTI SATHE, J.

                                                   DATE:         17 AUGUST 2026

                      P.C.

                      1.     Learned counsel appearing for the Applicant seeks leave to withdraw the
                      Interim Application seeking to bring certain facts on record in relation to the
                      condonation of delay.
                      2.     Leave, as prayed for, is granted with liberty to file a fresh Interim
                      Application.
                      3.     The Interim Application is accordingly disposed of as withdrawn .




                                                                 (AARTI SATHE, J.)




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                      Mane


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