33 WP No.4867.2009 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4867 OF 2009 JAGANNATH MITHARAM PATIL VERSUS VASANT SONU PATIL AND ORS *** Advocate for the Petitioner : Mr. L. V. Sangit Advocate for Respondent No. 2 (CA): Ms. Rajshree Gudilla Advocate for Respondents No. 1 and 2 : Girish S. Rane *** WITH CIVIL APPLICATION NO. 8667 OF 2014 IN WP/4867/2009 WITH CIVIL APPLICATION NO. 16983 OF 2010 IN WP/4867/2009 WITH CIVIL APPLICATION NO. 8212 OF 2019 IN WP/4867/2009 WITH CIVIL APPLICATION NO. 7529 OF 2026 IN WP/4867/2009 JAGANNATH MITHARAM PATIL SINCE DECEASED THR LRS BHUSHAN VILAS PATIL VERSUS VASANT SONU PATIL SINCE DIED THR LRS VASANT SONU PATIL AND ORS *** Advocate for Applicant : Mr. Harshal P. Randhir *** CORAM : SACHIN S. DESHMUKH, J. Date : 1st October, 2026 2026:BHC-AUG:48421 33 WP No.4867.2009 -2- PER COURT :- 1. Mr. Rane, the learned counsel for respondents No. 1 and 2, raised a preliminary objection regarding the maintainability of the present petition submitting that the petitioner has an efficacious alternative remedy, relying upon the judgment of the Hon’ble Supreme Court in Genpact India Private Limited v. Deputy Commissioner of Income Tax and Ors. [(2019) 311 CTR (SC) 737]. 2. When confronted with the same, the learned counsel for the petitioner, seeks liberty to withdraw this petition to avail the appropriate remedy available under the law. 3. Accordingly, the writ petition is dismissed as withdrawn. 4. The concerned authority may take into account the time spent in prosecuting the present petition while considering application for condonation of delay. 5. Needless to state that all the contentions of litigating sides are kept open 33 WP No.4867.2009 -3- 6. With the aforesaid liberty and directions, the writ petition is disposed of. 7. Considering the fact that the litigation between the parties has been pending since the year 2005, the concerned Authority is requested to make an endeavour to decide the proceedings within six (6) months from today. 8. Rule stands discharged. 9. Resultantly, Pending civil applications also stand disposed of. (SACHIN S. DESHMUKH, J.) Omkar Joshi