Bombay High Court

JUBEDABI ISMAIL KORBU DECEASED THR. LRS. RAFIQ ISMAIL KORBU AND ORS.versusRAGHUNATH KALIDAS MAHAMUNI DECEASED THR. LRS. SHALINI R MAHAMUNI AND ORS.

Disposal: Disposed off as Withdrawn

Holding

The petition is dismissed as withdrawn because the relief sought is outside the Court's jurisdiction under Article 227.

Summary

The petitioners filed a writ petition challenging a decision, but the Court observed a preliminary objection that the relief sought could not be entertained under its jurisdiction under Article 227 of the Constitution, as no judicial or quasi‑judicial order was under challenge. The petitioners then sought leave to withdraw the petition and to pursue any appropriate remedy permissible by law. The Court allowed the withdrawal and ordered the petition to be disposed of, granting liberty to approach the appropriate forum for relief.

Issues considered

Whether the High Court has jurisdiction under Article 227 to entertain the relief sought in the writ petition

Subjects

Article 227
jurisdiction
writ petition
withdrawal
high court

Judgment

                                                      502-WP-4612-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 4612 OF 2026

Jubedabi Ismail Korbu Deceased Thr. Lrs. Rafiq
Ismail Korbu And Ors.                                         ...Petitioners
      Versus
Raghunath Kalidas Mahamuni Deceased Thr. Lrs.
Shalini R Mahamuni And Ors.                                   ...Respondents

                                  …..
Adv. Ashok B. Tajane a/w Adv. Balaji P. Shinde, for Petitioner.
Mr. Sanjay D. Rayrikar, learned AGP for the Respondent-State.
                                  …..


                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 15th SEPTEMBER, 2026.

P.C. :


           Heard.


2.         This Court has preliminary objection that the relief solicited in

the writ petition cannot be entertained while exercising jurisdiction

under Article 227 of the Constitution of India. Neither judicial nor

quasi-judicial order is under challenge.


3.         Learned counsel for the petitioners seeks leave to withdraw the

present petition with liberty to seek appropriate remedy as is




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                                                   502-WP-4612-2026 (C).doc


permissible in law.


4.         The writ petition is disposed of as withdrawn with liberty to

avail the remedy as is permissible in law.


                                             [ SHAILESH P. BRAHME, J.]




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