Bombay High Court

PRABHAVATI VISHWANATH SHARANARTHI (SUREKHA SATISH JAMMA)versusTHE STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY REVENUE AND FOREST DEPT. AND ORS.

Disposal: Allowed To be withdrawn

Holding

The petition is permitted to be withdrawn with the liberty as prayed for.

Summary

The petitioner, Prabhavati Vishwanath Sharanarthi, filed a writ petition seeking permission to withdraw the petition while retaining the liberty to have her rights adjudicated in appropriate proceedings, including a pending second appeal. The petitioners' counsel, comprising Mr. Vishwanath Talkute and others, moved the court for such withdrawal. The respondents, including the State of Maharashtra, were represented by counsel led by Mrs. Neha S. Bhide and others. The High Court, after hearing the submissions, allowed the withdrawal of the petition with the liberty sought. The court expressly clarified that it had not examined the merits of the case and that all rights and contentions of the petitioner remain open for determination in future proceedings.

Issues considered

Whether a writ petition may be withdrawn with liberty to adjudicate the petitioner’s rights in other appropriate proceedings.

Subjects

withdrawal of writ petition
liberty to adjudicate rights
procedural law
civil appellate jurisdiction
high court order

Judgment

2026:BHC-KOL:7774-DB

                                                                      30-WP-3870-2026(C).doc


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

                                    WRIT PETITION NO. 3870 OF 2026


               Prabhavati Vishwanath Sharanarthi                        ...Petitioner
               After marriage :
               (Mrs. Surekha Satish Jamma)
                         Versus
               The State of Maharashtra and Others                      ...Respondents

                                                ——————
               Mr. Vishwanath Talkute a/w Ms. Sampada S. Patil, Mr. Mahesh R. Bhosale,
               Mr. Shivaji J. Kokare, for the Petitioner.
               Mr. Abhijit Kulkarni a/w Mr. Abhay A. Jadhavar, for Respondent No.5.
               Mrs. Neha S. Bhide, GP a/w Mr. A. I. Patel, Addl. G.P. a/w Mr. Siddheshwar
               B. Kalel, AGP for the Respondent-State.
                                             ——————

                                                CORAM :       SHARMILA U. DESHMUKH &
                                                              NEERAJ P. DHOTE, JJ.

                                                DATE       : AUGUST 19, 2026.

               P. C. :

               1.        Learned counsel appearing for the Petitioner, on instructions,

               seeks permission to withdraw the Petition with liberty to adjudicate the

               Petitioner's rights in appropriate proceedings, including the pending

               Second Appeal proceedings.

               2.        The Petition is permitted to be withdrawn with liberty as prayed

               for.


               Jamadar-SL                         1 of 2
                                                      30-WP-3870-2026(C).doc


3.     It is clarified that this Court has not gone into the merits of the

matter. As such, all rights and contentions are expressly kept open.




 [NEERAJ P. DHOTE, J.]                    [SHARMILA U. DESHMUKH, J.]




Jamadar-SL                       2 of 2

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