Bombay High Court

SHILA NARAYAN GHANEKAR AND ORS.versusJAYAWANTIBAI DATTARAM GHANEKAR SINCE DECEASED THR LRS. AND ORS.

Decided: 28 January 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The Court allowed the withdrawal of the interim application, excluded the elapsed period from limitation, and directed filing of a fresh application within four weeks.

Summary

The applicants, Shila Narayan Ghanekar and others, filed an interim application in a civil appeal seeking to withdraw the present application because it was drafted by a junior advocate and was allegedly improper. They requested liberty to file a fresh, properly drafted interim application. The respondent, represented by Mr. Jagdish Jayale, opposed the withdrawal. The Court, after hearing counsel, granted the applicants liberty to withdraw the current application and ordered that the period from 27 September 2025 to the date of the order would not be counted towards any limitation period. The Court further directed the applicants to file a fresh interim application within four weeks of the order. Consequently, the interim application was disposed of as withdrawn.

Issues considered

What is the appropriate procedural course when an interim application is improperly drafted?
Can the Court grant liberty to withdraw an interim application without the period counting towards limitation?

Subjects

interim application
withdrawal
limitation period
procedural law
civil appellate jurisdiction

Judgment

  2026:BHC-AS:4179
                               Sayyed                                                         37-IA.536.2026.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO.536 OF 2026
                                                              IN
                                                  FIRST APPEAL NO.443 OF 2016

                               Shila Narayan Ghanekar & Ors.           ...Applicants/Appellants
                                     Versus
                               Jayawantibai Dattaram Ghanekar
                               since deceased through her legal heirs:
                               Ganpat Dattaram Ghanekar. & Ors.        ...Respondents
                                     _____________________________________________________
                               Ms. Preeti B. Walimbe for the Applicants/Applicants.
                               Mr. Jagdish Jayale for Respondent Nos.1 to 3.
                                     _____________________________________________________

                                                              CORAM :         JITENDRA JAIN, J.
                                                              DATE        :   28 JANUARY 2026
                               P.C.:

                               1.        The learned counsel for the applicants states that this
                               application has not been drafted properly, since the advocate who has
                               drafted is very junior at the Bar. She seeks liberty to withdraw this
                               application and file a fresh and proper interim application.

                               2.        Liberty sought for is granted. Time from 27 September 2025,
                               being the date of filing the present application till today will not be
                               considered for limitation. Fresh interim application to be filed within
                               four weeks from today.

                               3.        Interim Application is disposed of as withdrawn.




                                                                               [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 28/01/2026 18:36:36                                        1 of 1

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