Bombay High Court

DILIP SAKHARAM JADHAV AND ORSversusMANOHAR BHIKA JADHAV AND ORS

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The Court allowed the withdrawal of the writ petition, granting the petitioners liberty to approach the District Court under Section 14 of the Limitation Act.

Summary

The petitioners filed a writ petition seeking relief against the respondents. During the hearing, the petitioners moved that the writ petition be withdrawn and that they be allowed to approach the District Court under Section 14 of the Limitation Act. The Court examined the maintainability of the petition and the propriety of permitting withdrawal. It granted permission to withdraw the writ petition, ordering it to be disposed of as withdrawn and allowing the petitioners to file proceedings in the District Court. The Court also directed that any pending civil applications be disposed of and that interim relief continue until an appeal is filed, with the District Court to decide the matters expeditiously.

Issues considered

Whether the writ petition is maintainable for the relief sought
Whether the Court may permit the petitioners to withdraw the writ petition and approach the District Court under Section 14 of the Limitation Act

Legislation cited

Limitation Act — s. 14

Subjects

writ petition
withdrawal
Limitation Act
Section 14
maintainability
district court
interim relief

Judgment

2026:BHC-AUG:8836
                                               -1-
                                                                    955-WP-262-2013

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                WRIT PETITION NO. 262 OF 2013
                                            WITH
                            CIVIL APPLICATION NO. 12290 OF 2016
                                       IN WP/262/2013
                                            WITH
                             CIVIL APPLICATION NO. 1420 OF 2018
                                       IN WP/262/2013

                          DILIP SAKHARAM JADHAV AND OTHERS
                                       VERSUS
                          MANOHAR BHIKA JADHAV AND OTHERS

                                                ......
              Advocate for the Petitioners : Mr. Shaikh Mujtaba Gulam Mustafa
              Advocate for Respondent No.9:Mr. V. D. Khivesara h/f. Mr. A. S. Bajaj
              Advocate for Respondent No.11 : Ms. Zainab M. Surti
              Advocate for Respondent No.12 : Mr. U. P. Darak h/f. Mr. B.A. Darak
              Advocate for Respondent Nos.14 and 16 : Mr. S. S. Khoche h/f. Mr. D.
              P. Palodkar

                                              ......

                                          CORAM : ABHAY S. WAGHWASE, J.
                                          DATED : 27 FEBRUARY 2026

              PER COURT :


              1.         As the issue of maintainability has been raised, learned

              counsel for petitioners seeks permission to withdraw the present

              Writ Petition with liberty to approach before the learned District

              Court by invoking Section 14 of the Limitation Act.



              2.         Permission granted. Writ Petition is disposed of as

              withdrawn with liberty as prayed for.
                                 -2-
                                                       955-WP-262-2013

3.         Pending Civil Applications, if any, are also disposed off.



4.         Learned District Court shall make an endevour to

decide the proceedings as expeditiously as possible.



5.         Interim relief, if any, shall continue till the Appeal is

filed.


                                       (ABHAY S. WAGHWASE, J.)




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