Bombay High Court

RADHESH POPAT BADALE PATILversusGADAGEMAHARAJ MARATHA DHARMSHALA TRUST AND ORS.

Disposal: Disposed off as Withdrawn

Holding

The writ petition is allowed to be withdrawn with liberty to agitate the grievance in the regular civil suit No. 136/2009.

Summary

Petitioner Radhesh Popat Badale Patil filed a writ petition against GadageMaharaJ Maratha Dharmshala Trust and others seeking relief. The High Court, after hearing, expressed disinclination to grant any relief. On the court's direction, the petitioner's counsel requested permission to withdraw the writ petition and pursue the grievance in an existing regular civil suit (No. 136/2009) where the issue had already been addressed. The Court allowed the withdrawal, granting liberty to the petitioner to continue the matter in the civil suit and to lead evidence as per the issues outlined in Exhibit 25. No merits of the writ petition were decided.

Issues considered

Whether the writ petition may be withdrawn at the petitioner's request.
Whether the petitioner may be granted liberty to pursue the same grievance in a regular civil suit.

Subjects

writ petition
withdrawal
regular civil suit
procedural law
jurisdiction

Judgment

                                                          44 WP 4951 OF 2026.odt

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

                    44 WRIT PETITION NO. 4951 OF 2026

                     RADHESH POPAT BADALE PATIL
                                  VERSUS
    GADAGEMAHARAJ MARATHA DHARMSHALA TRUST AND ORS.
                                     ...
Advocate for Petitioner : Mr. Santaram Tarale (through V.C.) a/w Adv. Rutik
                                   Kashid
                                     ...
                     CORAM                : SHAILESH P. BRAHME, J.

                        DATE              : 07.10.2026


PER COURT :

           After hearing for some time when this Court expressed its
disinclination to grant relief, the learned counsel, on instructions of his
client seeks leave to withdraw the petition and agitate his grievance in
Regular Civil Suit No.136/2009 as already an issue is settled below Exh. 25.

2.      The Writ petition is allowed to be withdrawn with liberty to agitate
the grievance and to lead evidence as per the issues cast below Exh. 25 in
Regular Civil Suit No. 136/2009. This Court has not expressed anything on
merits of the matter.



                                      ( SHAILESH P. BRAHME, J.)




mkd/-




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