Bombay High Court

SHANKAR ANANDA MAHMANEversusDYANBOA SAWALA MAHMANE (DECEASED) THR. LRS. SANJAY DYNOBA MAHMANE AND ANR.

Disposal: Disposed Off

Holding

The writ petition is disposed of, granting the petitioner liberty to withdraw it and file an application under Section 47 of the CPC.

Summary

Shankar Ananda Mahmane filed a writ petition (88 WR 4014 of 2026) before the Bombay High Court, Circuit Bench, Kolhapur, challenging an execution proceeding against the estate of the deceased Dyanboa Sawala Mahmane. The Court expressed its disinclination to grant any relief in the petition. On the advice of counsel, the petitioner sought leave to withdraw the writ petition and instead file an application under Section 47 of the Code of Civil Procedure to raise objections to the execution. The Court allowed the petitioner's request, granting liberty to withdraw the writ petition and to pursue the Section 47 application. Consequently, the writ petition was disposed of without any substantive order on the merits.

Issues considered

What procedural steps are required for a petitioner to withdraw a writ petition and raise objections to an execution proceeding under Section 47 of the CPC?

Legislation cited

Code of Civil Procedure — s. 47

Subjects

writ petition
withdrawal
Section 47 CPC
execution proceeding
Civil Procedure Code
High Court

Judgment

                                                              88 WP 4014 OF 2026.odt

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

                     88 WRIT PETITION NO. 4014 OF 2026

                SHANKAR ANANDA MAHMANE
                            VERSUS
DYANBOA SAWALA MAHMANE (DECEASED) THR. LRS. SANJAY DYNOBA
                    MAHMANE AND ANR.
                                ...
           Advocate for Petitioner : Mr. Laxman Kalel
                                ...
               CORAM                 : SHAILESH P. BRAHME, J.

                        DATE                 : 27.08.2026


PER COURT :

         After hearing for some time when this Court expressed its
disinclination to grant relief, learned counsel for the petitioner, on
instructions, seeks leave to withdraw the writ petition with liberty to
prosecute application Exh. 60 preferred under Section 47 of C.P.C., so as to
raise all objections to the execution proceeding.

2.      The writ petition is disposed of with liberty as sought for.



                                         ( SHAILESH P. BRAHME, J.)




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