Bombay High Court

GURUNATH MARUTI PATIL AND ORSversusBHAI MAHADU KHANDAGALE AND ORS

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The petition is dismissed as withdrawn, with liberty granted to file a fresh application for joint measurement of the agricultural lands.

Summary

The petitioners filed a writ petition seeking a joint measurement of agricultural lands owned by both parties. They later applied to withdraw the petition and requested liberty to file a fresh application for the same relief. The High Court granted leave to withdraw the petition and to file a fresh application, dismissing the original petition as withdrawn. The court directed that any fresh application be decided by the trial court on its merits and according to law. No substantive merits of the land measurement issue were addressed in this order.

Issues considered

Whether a writ petition may be withdrawn with liberty to file a fresh application for the same relief
Whether the court can grant such liberty and dismiss the petition as withdrawn

Subjects

civil procedure
withdrawal of petition
joint measurement
agricultural land
writ petition

Judgment

                                                                         45-WP10698-2026.DOC

                                                                                       Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION


                                        WRIT PETITION NO. 10698 OF 2026

                      Gurunath Maruti Patil and ors.                          ...Petitioners
                                     Versus
                      Bhai Mahadu Khandagale and ors.                        …Respondents

                      Mr. Vishal Patil, for the Petitioners.

                                                          CORAM:      N. J. JAMADAR, J.
                                                          DATED:      25th AUGUST, 2026
SANTOSH
SUBHASH               PC:-
KULKARNI
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2026.08.27
                      1.     Heard the learned Counsel for the petitioners.
11:46:24 +0530




                      2.     The learned Counsel for the petitioners seeks leave to

                      withdraw the petition with liberty to file a fresh application

                      seeking a joint measurement of the agricultural lands owned by

                      the plaintiffs and defendants.


                             Leave granted with liberty as prayed for.


                      3.     The petition stands dismissed as withdrawn.


                      4.     In   the    event   such   an     application   seeking    joint

                      measurement of the agricultural lands of the plaintiffs and

                      defendants is filed, the trial Court is requested to decide the

                      same on its own merits and in accordance with law.

                                                                   [N. J. JAMADAR, J.]
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