Bombay High Court

TARABAI SOPAN BORAWAKE AND ORSversusARVIND BABURAO BOAWAKE AND ORS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is withdrawn with liberty to file a review application before the Executing Court.

Summary

The petitioners, represented by Advocates A. M. Lavharale and Milind M. Patil, sought the Court's permission to withdraw their writ petition while retaining the liberty to file a review application before the Executing Court. The Court, after considering the request, ordered the writ petition to be treated as withdrawn and granted the petitioners the liberty to file a review. It further directed that the Executing Court may take into account the time spent by the petitioners in prosecuting the writ petition when considering any condonation of delay in the review application. No substantive merits of the original petition were addressed. The order effectively disposes of the writ petition pending the petitioners' further action in the Executing Court.

Issues considered

Whether the petitioner may be permitted to withdraw a writ petition and retain liberty to file a review application before the Executing Court

Subjects

withdrawal of writ petition
review application
condonation of delay
executing court

Judgment

2026:BHC-AUG:3049
                                                 1 of 1                  931-WP.3892.2016




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                931 WRIT PETITION NO. 3892 OF 2016

                             TARABAI SOPAN BORAWAKE AND ORS
                                          VERSUS
                             ARVIND BABURAO BOAWAKE AND ORS
                                             ...
                Mr. A. M. Lavharale h/f. Mr. Milind M. Patil, Advocate for the
                Petitioners.
                                             ...

                                          CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                          DATE     :      23nd JANUARY, 2026

                P.C.:-

                1.        Learned Advocate for the Petitioner seeks permission to

                withdraw the writ petition with liberty to file a review application

                before the Executing Court.


                2.        In view thereof, the present writ petition is disposed of as

                withdrawn, with liberty as prayed for.


                3.        The Executing Court may consider the time spent by the

                Petitioner in prosecuting the present petition while considering the

                application for condonation of delay, if any.



                                                   (SIDDHESHWAR S. THOMBRE, J.)

      Tauseef

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