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Bombay High Court

RACHANA ADARSH DHAVANE ALIAS RACHANA RAJENDRA KHAIRATEversusADARSH SIDRAM DHAVANE

Disposal
Disposed off as Withdrawn

Holding

The court may grant leave to withdraw a pending application when the parties have settled the dispute.

Summary

The applicant filed a miscellaneous civil application seeking the transfer of a family court suit (Civil M.A. No.101 of 2025) from Pune to Solapur. The applicant’s counsel later informed the court that the dispute had been amicably resolved and requested permission to withdraw the transfer application. The court considered whether it could grant leave to withdraw a pending application. It held that, in the absence of any objection and given the parties’ settlement, leave to withdraw may be granted. Accordingly, the court allowed the withdrawal and dismissed the application as withdrawn.

Issues considered

  • Whether the court may grant leave to withdraw a pending miscellaneous civil application for transfer of a suit.

Subjects

  • transfer of suit
  • withdrawal of application
  • family court
  • miscellaneous civil application
  • settlement

Judgment

                                                                   1
                                                                                   929-MCA-357-2025 (C).DOC


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

                                                  CIVIL APPELLATE JURISDICTION

                                            MISC.CIVIL APPLICATION NO. 357 OF 2025

                           Rachana Adarsh Dhavane Alias
                           Rachana Rajendra Khairate                                  …...Applicant
                                VERSUS
                           Adarsh Sidram Dhavane                                       …...Respondent

                           _________________________________________________________________


                           Mr. Aditya R. Patil i/b Mr. Kalpesh U. Patil, for the Applicant.
                           _________________________________________________________________


                                                 CORAM      :    ASHWIN D. BHOBE, J.
                                                 DATE       :    28th AUGUST, 2026.
          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
                           P.C.
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.08.31
          10:45:19
          +0530            1.          By the present Applicant, the Applicant has sought the following

                           substantial relief:

                                  “a) To transfer the, Civil M. A. No.101 of 2025 pending before
                                       Family Court, Pune filed by the Respondent/Husband to
                                       Family Court, Solapur.”



                           2.          Mr. Aditya R. Patil, learned Advocate for the Applicant, on

                           instructions from the Applicant, submits that the dispute forming the

                           subject matter of the present Application has been amicably resolved

                           between the Applicant and the Respondent. He, therefore, on instructions

                           from the Applicant, seeks leave to withdraw the present transfer

                           Application.



                  Shantanu S. Dhudum
                                                2
                                                                929-MCA-357-2025 (C).DOC


         3.          In view of the statement made by the Mr. Aditya R. Patil, learned

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

         transfer Application.

         4.          Miscellaneous Civil Application No.357 of 2025 is dismissed as

         withdrawn.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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