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Bombay High Court

DNYANESHWAR BHAGUJI PANDHARE AND ORSversusBALWANT TABAJI PANDHARE AND ORS

Decided
Disposal
Disposed Off

Holding

The court allowed the petitioners to withdraw the writ petition with liberty to appeal and vacated all interim orders.

Summary

The petitioners, Dnyaneshwar Bhaguji Pandhare and others, filed a writ petition seeking leave to withdraw the petition and obtain liberty to file an appeal against the order dated 2 May 2026. They were represented by Mr. Surel Shah and his team. The court, after considering the application, permitted the withdrawal of the writ petition and granted the liberty to appeal. It also ordered that any pending interim applications and interim orders in the petition stand disposed and vacated. The order was pronounced by Justice Farhan P. Dubash on 5 June 2026.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to file an appeal against the impugned order
  • Whether pending interim applications and interim orders should stand disposed upon withdrawal

Subjects

  • withdrawal of writ petition
  • liberty to appeal
  • interim applications
  • vacated orders
  • civil appellate jurisdiction

Judgment

                                                                                                                   4. WP-6860-2026.doc
                                                                                                    Dnyaneshwar & Ors. vs. Balwant & Ors.


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                             WRIT PETITION NO. 6860 OF 2026

                      Dnyaneshwar Bhaguji Pandhare And Ors                                     ..       Petitioners
                         V/s.
                      Balwant Tabaji Pandhare And Ors                                          ..       Respondents

                                        ______________________________________
                      Mr. Surel Shah, with Mr. Niranjan Bhavake, Ms. Vaishnavi Chore, i/b Bhavake &
                      Associates, for the Petitioners.
                      Mr. Shon Gadgil, with Mr. Mr. Siddharth Khandelwal, for Respondent no. 7.
                                         _______________________________________
                                                         CORAM : FARHAN P. DUBASH, J.

                                                         DATE                 : 5th JUNE 2026
                                                                                (VACATION COURT)
                      P.C.:

                      1.      Mr. Surel Shah, learned Counsel who appears on behalf of the Petitioners
                              seeks leave to withdraw the present Writ Petition with liberty to file an
                              Appeal challenging the order dated 2nd May 2026.

                      2.      The Writ Petition is permitted to be withdrawn with such liberty.

AMOL
PREMNATH              3.      All pending Interim Applications taken out in the present Writ Petition, if
JADHAV
                              any, also stand disposed of in terms of this order, and all interim orders
Digitally signed by
AMOL PREMNATH
JADHAV                        passed therein, if any, stand vacated.
Date: 2026.06.05
18:05:28 +0530




                                                                                    ( FARHAN P. DUBASH, J. )
                      Amol




                                                                   Page 1 of 1
                                                       -------------------------------------
                                                          Order dated 5th June 2026


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