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Bombay High Court

APPASAHEB KRISHNA SURYAWANSHIversusSITARAM TATOBA JADHAV AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The court held that leave to withdraw the interim application with liberty to file a fresh one may be granted at its discretion.

Summary

The applicant, Appasaheb Krishna Suryawanshi, filed an interim application in the High Court of Bombay, Circuit Bench at Kolhapur, seeking permission to withdraw the pending application and to file a fresh one. The respondent side, Sitaram Tatoba Jadhav & Ors., did not appear or present any counsel. The learned counsel for the applicant requested leave of the court to withdraw the current application. The bench, after considering the request, granted leave to withdraw and allowed the applicant to file a fresh application. Consequently, the interim application was disposed of as withdrawn.

Issues considered

  • What is the appropriate procedure for a party to withdraw an interim application and seek liberty to file a fresh application?

Subjects

  • withdrawal of application
  • interim application
  • civil procedure
  • high court
  • leave of court

Judgment

                                                                                   134-IA-9292-2024 (C).doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                         CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 9292 OF 2024
                                                        IN
                                      APPEAL FROM ORDER ST NO. 5970 OF 2020

                      Appasaheb Krishna Suryawanshi                   ..… Applicant
                            VS.
                      Sitaram Tatoba Jadhav & Ors.                    ..… Respondents

                                                      ...
                      Mr. Sachin Manohar Bandkar, Advocate for Applicant.
                      None for the Respondents.
                                                      ...
                                                      CORAM: SANDESH D. PATIL, J.
                                                      DATED: 31st JULY 2026.
                      P. C. :

                      1.         Mentioned out of turn.

                      2.         Learned Counsel for the Applicant seeks leave to withdraw the

                      present Application with liberty to file a fresh Application. Leave

                      granted.

                      3.        The Application stands disposed of as withdrawn.




         Digitally
                                                                       (SANDESH D. PATIL, J.)
         signed by
         TALLE
TALLE    SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
         2026.08.01
         10:22:02
         +0530




                      Shubham                             1


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