Bombay High Court
KIRAN GANPAT KOLTE AND ORSversusPRAKASH GANPAT KOLTE
- Decided
- Disposal
- WITHDRAWN
Holding
The court permitted the withdrawal of the testamentary suit and dismissed it as withdrawn.
Summary
The plaintiffs, Kiran Ganpat Kolte and others, filed a testamentary suit but later sought leave to withdraw it, stating that the dispute had been amicably resolved. The defendants were Prakash Ganpat Kolte. The court considered the request for withdrawal and the issue of refunding court fees. Justice Arif S. Doctor allowed the withdrawal, dismissed the suit as withdrawn, and ordered the refund of court fees as per the Rules. Consequently, the testamentary petition and any related interim applications were disposed of.
Issues considered
- Whether a testamentary suit may be withdrawn after filing
- Whether the court may order a refund of court fees upon withdrawal
Subjects
- testamentary suit
- withdrawal
- court fee refund
- amicable settlement
- dismissal
Judgment
9-TS-64-2016 (OS) .DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
TESTAMENTARY SUITS NO. 64 OF 2016
IN
TESTAMENTARY PETITION NO. 2040 OF 2015
WITH
INTERIM APPLICATION (L) NO.37021 OF 2022
Digitally
signed by
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL Ganpat Ramchandra Kolte … Deceased
PATIL Date:
2026.08.18
11:40:28
+0530
Kiran Ganpat Kolte & Ors … Plaintiffs
Versus
Prakash Ganpat Kolte … Defendants
_______
Mr. Mohan C. Raut h/f. Mr. Vishal Narkar for the Plaintiffs
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 17th AUGUST, 2026
P.C.
1. The learned counsel for the Plaintiffs seeks leave to withdraw the
Testamentary Suit submitting that the matter has been amicably resolved
between the parties. The Suit is, therefore, dismissed as withdrawn. Refund of
Court Fees, as per the Rules.
2. In view thereof, the Testamentary Petition would not survive and is
accordingly, disposed of.
3. Interim Application, if any, would not survive and is accordingly,
disposed of.
[ARIF S. DOCTOR, J.]
Basavraj Page|1
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