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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WITHDRAWN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The court permitted the withdrawal of the testamentary suit and dismissed it as withdrawn.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 Justice Arif S. Doctor allowed the withdrawal, dismissed the suit as withdrawn, and ordered the refund of court fees as per the Rules.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  • Whether a testamentary suit may be withdrawn after filing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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