Bombay High Court
MR. RAMESH LAKHAMA GHASEversusBALARAM DAYA GADMALE AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- SANDEEP V MARNE
Holding
The Court permitted the withdrawal of the writ petition and disposed of it, allowing the petitioner to file a fresh suit.
Summary
Petitioner Ramesh Lakhama Ghase filed a writ petition challenging an order related to an alleged encroachment of land. During the hearing, the Court expressed reluctance to interfere with the impugned order. The petitioner's counsel then sought permission to withdraw the petition, indicating an intention to withdraw the earlier suit (R.C.S. No. 27 of 2015) and file a fresh suit for recovery of possession of the encroached land. The Court allowed the withdrawal of the writ petition and disposed of it, granting the petitioner liberty to withdraw the earlier suit and institute a fresh suit if legally maintainable. No substantive merits of the original dispute were decided.
Issues considered
- Whether the High Court should entertain the writ petition challenging the impugned order
- Whether the petitioner may be permitted to withdraw the writ petition and pursue a fresh suit
Subjects
- writ petition
- withdrawal
- civil procedure
- possession
- encroachment
- High Court
Judgment
Sneha Chavan 9-WP-15812-2023.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15812 OF 2023
Mr. Ramesh Lakhama Ghase …..PETITIONER
: VERSUS :
Balaram Daya Gadmale And Ors. ….RESPONDENTS
________
Mr. Ajinkya Patil i/b Mr. Drupad Patil for the Petitioner.
Mr. Rohit Joshi for Respondent.
SNEHA _________
NITIN
CHAVAN
Digitally signed
by SNEHA
NITIN CHAVAN
Date:
2026.02.18
CORAM : SANDEEP V. MARNE, J.
12:49:44 +0530
DATED : 17 FEBRUARY, 2026.
P.C. :
1) Heard the learned Counsel for the Petitioner.
2) As the hearing of the petition progressed and as this Court indicated
disinclination to interfere in the impugned order, the learned counsel
appearing for the Petitioner seeks leave of the Court to withdraw the
petition. He submits that the Petitioner would infact withdraw the entire
suit and file a fresh suit for recovery of possession of alleged encroached
portion of land.
3) The Writ petition is accordingly permitted to be withdrawn and
disposed of with liberty to the Petitioner to withdraw R.C.S. No. 27 of
2015 and institute a fresh suit, if maintainable in law.
[SANDEEP V. MARNE, J.]
_____________________________________________________________________________
PAGE NO. 1 o f 1
17 FEBRUARY 2026
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