Bombay High Court

LALIT BALASAHEB SHINDE AND ANRversusBHIKAJI THAMAJI THETE AND ORS

Decided: 8 January 2026
Disposal: Disposed off as Withdrawn
Bench: GAURI GODSE

Holding

Leave to withdraw the writ petition was granted with liberty to file a suitable application for land demarcation.

Summary

The petitioners, Lalit Balasaheb Shinde and others, filed a writ petition seeking a declaration of their right, title and interest over 23 R of land in Gat No. 1, relying on a decree dated 12 February 2015 from Regular Civil Appeal No. 2191 of 2005. They later moved the court for leave to withdraw the writ petition and requested liberty to file a separate application for demarcation of the said land. The learned counsel for the petitioners submitted the withdrawal request, and the respondent counsel opposed. The Court examined whether the petition could be withdrawn and whether liberty could be granted for a fresh application. Finding no impediment, the Court granted leave to withdraw the writ petition and allowed the petitioners liberty to file an appropriate application for land demarcation. The writ petition was consequently disposed of as withdrawn.

Issues considered

Whether the petitioners may be permitted to withdraw the writ petition and be granted liberty to file a fresh application for demarcation of land.

Subjects

writ petition
withdrawal
land demarcation
decree
civil appeal
High Court of Bombay

Judgment

2026:BHC-AS:1006

                                                               13-WP-730-2020.docx


     Swapnil        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION


                               WRIT PETITION NO. 730 OF 2020

               Lalit Balasaheb Shinde and Anr.          ….Petitioners

                     VS.

               Bhikaji Thamaji Thete since
               Dec. Thr his Legal Heirs and Ors.        …..Respondents

               Mr. Shankar P. Thorat a/w. Mr. G. B. Walawalhe for
               Petitioners.
               Mr. Shubham J. i/b. Girish Agrawal for Respondent nos. 1 to
               3 and 5 to 8.

                                       CORAM : GAURI GODSE, J.
                                       DATE :      8th JANUARY 2026

               ORDER :


               1.    Learned counsel for the petitioners seeks leave to

               withdraw this petition with liberty to file an appropriate

               application as permissible in law for demarcation of their right

               title and interest to the extent of land admeasuring 23R in

               Gat no. 1, based on the decree dated 12 th February 2015

               passed in Regular Civil Appeal No. 2191 of 2005.


               2.    Leave granted with liberty as prayed.




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                                               13-WP-730-2020.docx


3.   The writ petition is disposed of as withdrawn with liberty

as recorded above.

                                        [GAURI GODSE, J.]




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