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Bombay High Court

SULOCHANA DASHRATH ANUSE AND ORSversusRAKHMABAI ANNA ANUSE( DECEASED) THR LEGAL HEIRS

Disposal
Dismissed

Holding

The petition was withdrawn and disposed of without adjudicating the maintainability issue.

Summary

A writ petition (No. 11526 of 2025) was filed in the Bombay High Court, Kolhapur Circuit Bench by Sulochana Dashrath Anuse and others seeking relief against Rakhmabai Anna Anuse and others. The petitioners raised a question of maintainability of the writ. The Court, after hearing, expressed disinclination to accept the petitioners' submissions on that issue. On the Court's indication, the petitioners, through their counsel, moved to withdraw the petition while seeking liberty to approach a competent authority on the same matter. The Court allowed the withdrawal and disposed of the petition as withdrawn, granting the requested liberty. No merits of the dispute were adjudicated.

Issues considered

  • Whether the writ petition is maintainable before the High Court

Subjects

  • writ petition
  • withdrawal
  • maintainability
  • high court
  • civil appellate jurisdiction

Judgment

                                                                                   25-11526-2025-WP=.doc



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

                                              WRIT PETITION NO. 11526 OF 2025
          Digitally
          signed by
UDAY      UDAY
          SHIVAJI
                       Sulochana Dashrath Anuse & Ors.                           … Petitioners
SHIVAJI   JAGTAP
JAGTAP    Date:
          2026.10.08                    Vs.
          19:28:27
          +0530
                       Rakhmabai Anna Anuse & Ors.                               … Respondents

                                                         ………...
                       Mr. Vaibhav Gaikwad a/w Pratiksha Chougule, Suraj B.for the Petitioners
                       Mr. Shivaji J. Kokare i/b Vishwanath S. Talkute for Respondent No.1A.
                       Mr. Sandeep Koregave a/w Supriya Koregave for Respondent No.13A.
                       Mr. Birudev Lawate (through VC) a/w Mohan M. Chavan for Respondent
                       Nos. 14 and 23.
                       Mr. J.P. Patil, AGP for the Respondent – State.
                                                         ………….
                                                          CORAM : SHAILESH P. BRAHME, J.

                                                          DATE       : 7th OCTOBER, 2026.
                       P. C. :

                       .         After hearing for some time, when this Court expressed

                       disinclination to accept the submissions of the petitioners regarding

                       maintainability of the petition, learned counsel for the petitioners, on

                       instructions from his client, seeks to withdraw the petition with liberty to

                       approach competent authority raising the said issue.

                       2.        The Writ Petition is disposed of as withdrawn with liberty as sought

                       for.


                                                                      ( SHAILESH P. BRAHME, J. )



                       Uday S. Jagtap                       1 of 1


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