Bombay High Court

GAUTAM SUKHDEV WAGH SINCE DECEASED THRU. LRSversusEKNATH SAWALIRAM WAGH AND ORS

Decided: 23 September 2026
Disposal: Dismissed

Holding

The petition is dismissed as withdrawn.

Summary

The petitioners, heirs of the deceased Gautam Sukhdev Wagh, filed a writ petition challenging an order passed against them. The respondents contended that an alternate remedy was available to the petitioners. The petitioners, through counsel, sought leave to withdraw the writ petition and approach the appropriate authority. The Court observed the availability of an alternate remedy and allowed the petition to be withdrawn without expressing any view on the merits. Consequently, the writ petition was dismissed as withdrawn, granting the liberty sought by the petitioners, and the Court noted that any future appeal or revision would be decided on its merits.

Issues considered

Whether the writ petition can be withdrawn at the petitioners' request
Whether an alternate remedy is available to the petitioners

Subjects

writ petition
withdrawal
alternate remedy
civil appellate jurisdiction
Bombay High Court

Judgment

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO.12385 OF 2026


                      Gautam Sukhdev Wagh (deceased)        ....   Petitioners
                      thru LRs.
BHALCHANDRA
                                 Vs.
GOPAL                 Eknath Sawaliram Wagh & Ors.          ....   Respondents
DUSANE

Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Date: 2026.09.28
15:14:20 +0530        Mr. Harshad Palwe, Advocate for Petitioners.
                      AGP. Y.D. Patil, for Respondent – State

                                                      CORAM : ARUN R. PEDNEKER, J.
                                                      DATE   : 23rd September 2026
                      P.C. :
                      1.     Learned AGP submits that an alternate remedy is available to the

                      Petitioners.

                      2.     In view of the submissions made, learned Counsel for the Petitioners

                      seeks leave to withdraw the Writ Petition to challenge the impugned order

                      before the appropriate authority.

                      3.     The Writ Petition is dismissed as withdrawn, with liberty as prayed.

                      4.     This Court has not expressed anything on the merits of the matter, nor

                      have condoned the delay in challenging the order.

                      5.     If such an Appeal/Revision is filed, the same would be decided in

                      accordance with law, leaving all contentions of the parties open.


                                                                      [ ARUN R. PEDNEKER, J. ]
                                                           1/1
                      28 WP 12385.26.doc                                                   Dusane

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Harshad Palwe