Bombay High Court

SHRISHAIL SAHADEV KALAWANT AND ANR.versusKASHINATH SHIVANNA HAMALI AND ORS.

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI

Holding

The Court permitted the withdrawal of the writ petition and directed the trial court to expedite the pending suit.

Summary

The petitioners, Shrishail Sahadev Kalawant & Anr., filed a writ petition in 2016 seeking relief in a civil suit that was still at the evidence stage and had no interim orders. Through video conferencing, their counsel, Mr. Ujwal Agandsurve, requested permission to withdraw the writ petition and asked the court to direct the trial court to expedite the pending suit. The Court examined whether a writ petition could be withdrawn when the underlying suit remains pending and whether it could issue a direction to speed up the trial. It granted the petitioners’ request, allowing the withdrawal of the writ petition. Additionally, the Court directed the trial court to expedite the trial of the suit, and ordered the writ petition to stand disposed of as withdrawn.

Issues considered

Whether the Court may permit withdrawal of a writ petition when the underlying suit is pending
Whether the Court can direct the trial court to expedite the pending suit

Subjects

writ petition
withdrawal
civil suit
expedition of trial
high court
procedure

Judgment

                                                                          906 - WP - 2387 - 2016   .doc


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

                                        WRIT PETITION NO.2387 OF 2016

                      Shrishail Sahadev Kalawant & Anr.                … Petitioners
VAIBHAV
RAMESH
                                  V/s.
JADHAV                Kashinath Shivanna Hamali & Ors.                 … Respondents
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.01.08
18:20:38 +0530

                      Mr. Ujwal Agandsurve for the petitioners (through
                      V.C.).


                                                 CORAM : MRS. VRUSHALI V. JOSHI, J.

                                                 DATED        : JANUARY 08, 2026
                      P.C.:

                      1.      Learned advocate for the petitioners appeared through video
                      conferencing and submitted that the writ petition is of the year
                      2016. There is no interim order. The suit is still pending at the
                      stage of evidence. As the matter is pending and there is no interim
                      order, he seeks permission to withdraw the petition with a
                      direction to expedite the suit.

                      2.      Permission, as prayed for, is granted.

                      3.      Considering the age of suit, it requires to be expedited.
                      Hence, the Trial Court is directed to expedite trial of the suit.

                      4.      The writ petition stands disposed of as withdrawn.

                      5.      Pending interlocutory application(s), if any, stand disposed
                      of.

                                                         (MRS. VRUSHALI V. JOSHI, J.)



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