Bombay High Court

SHASHIKANT DATTOPANT DEOLE THROUGH GPA HOLDER SANDIP SHASHIKANT DEOLEversusTHE CHIEF OFFICER MUNICIPAL COUNCIL

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is disposed of, granting the petitioner liberty to file a Rule 18 application later, with the trial court to decide it on its own merits.

Summary

The petitioner, Shashikant Dattoant Deole, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging a decision of the Chief Officer Municipal Council. The petitioner sought relief and the court considered whether to grant a procedural liberty to file a subsequent application under Rule 18 of the Civil Procedure Code. The learned counsel for the petitioner requested that the petition be disposed of while reserving the right to file such an application in the future. The court, after hearing counsel, directed that the petition be disposed of but expressly allowed the petitioner to file a Rule 18 application later, if needed. It further instructed that any such application be decided by the trial court on its own merits, without being bound by any observations made in the present order. The writ petition was therefore dismissed with the liberty to approach the trial court under Rule 18.

Issues considered

What procedural liberty, if any, may be granted to a petitioner to file an application under Rule 18 of the CPC after a writ petition is disposed?
Whether the trial court must decide a subsequent Rule 18 application independently of observations made in the earlier writ order?

Legislation cited

Code of Civil Procedure, 1908 — s. Rule 18

Subjects

Civil Procedure
Rule 18
Writ Petition
Judicial Discretion
Trial Court
Petition Disposal

Judgment

                                                           83 WP No.2157.2023
                                       -1-

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                     WRIT PETITION NO. 2157 OF 2023

 SHASHIKANT DATTOPANT DEOLE THROUGH GPA HOLDER SANDIP
                         SHASHIKANT DEOLE
                                VERSUS
              THE CHIEF OFFICER MUNICIPAL COUNCIL
                                    ...
Advocate for the Petitioner : Mr. Shailendra S. Gangakhedkar
Advocate for Respondent : Mr. K. J. Suryawanshi
                                    ...

                      CORAM : SIDDHESHWAR S. THOMBRE, J.
                          Date : 4th March, 2026

PER COURT :-


1.              Learned counsel for the petitioner submits that the present
petition may be disposed of with liberty reserved to the petitioner to file
an application under Rule 18 of CPC, should the occasion arise in the
future. In the event such an application is preferred, the Trial Court
shall decide the same on its own merits, in accordance with the law,
and uninfluenced by any observations made in the earlier order.


2.              With the aforesaid directions, writ petition is disposed of.




                                             (SIDDHESHWAR S. THOMBRE, J.)



Omkar Joshi

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