MANUBEN CHHOTUBHAI PATEL AND ORS v. GANESH BABU PATEL AND ORS
WP/4598/2025 · 2026-09-30
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13520 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13520 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
904&905-WP4598-2025+.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4598 OF 2025 Manuben Chhotubhai Patel And Ors ...Petitioners Versus Ganesh Babu Patel And Ors …Respondents WITH WRIT PETITION NO. 4633 OF 2025 Manuben Chhotubhai Patel And Ors ...Petitioners Versus Ganesh Babu Patel And Ors …Respondents Mr. Mandar Soman, a/w Mr. Hardik Joshi, for the Petitioners in both WP. Mr. Girish Agrawal a/w Mr. Shubham Jangam, for Respondent Nos.1 to 3, 5, 9 to 21 & 27.
CORAM:
N. J. JAMADAR, J. DATED:
30th SEPTEMBER, 2026 PC:-
1. Heard the learned Counsel for the parties.
2. Mr. Soman, the learned Counsel for the petitioners seeks leave to withdraw the petitions.
3. Mr. Soman submits that, the petitioners – plaintiffs propose to file an application for withdrawal of Civil Suit No.6/2010 and Civil Suit No.25/2015 before the trial Court with liberty to file a fresh composite suit. Mr. Soman further submits 1/2 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.10.02 11:33:32 +0530
904&905-WP4598-2025+.DOC that, the amount which is deposited in the suit account should be withheld by the Civil Court for a period of four weeks to facilitate the petitioners to obtain appropriate orders from the Court in the event the suits are permitted to be so withdrawn.
4. In view of the aforesaid submissions, the petitions stand
disposed with liberty to the petitioners to file an application before the trial Court seeking withdrawal of Civil Suit No.6/2010 and Civil Suit No.25/2015 with permission to file a fresh composite suit.
5. It is clarified that, in the event such an application is filed, the trial Court shall decide the same on its own merits and in accordance with law.
6. In the event the trial Court grants permission to withdraw the abovenumbered suits with liberty to file a fresh suit, to facilitate the petitioners to obtain appropriate orders, the amount deposited in the suit account and kept in fixed deposit with the State Bank of India, shall not be disbursed by the trial Court for a period of four weeks from the date of such order.
[N. J. JAMADAR, J.] 2/2