8 cra 485 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.485 OF 2026 Pannalal Kulluprasad Nirmal ... Applicant versus Rajkumari Rampyare Nirmal and Ors. … Respondents Mr. A.M.Kulkarni i/by Mr. Sachin K. Hande, for Applicant. Mr. B.K.Bali with Ms. Veena Nair i/by Bali Associates, for Respondent No.1. CORAM: N.J.JAMADAR, J. DATE : 7 SEPTEMBER 2026 P.C. 1. Heard the learned Counsel for the parties. 2. Learned Counsel for the Applicant submits that the impugned judgment and order is not amenable to revision under the provisions of Section 115 of the Code of Civil Procedure, 1908. In fact, the Applicant had filed a regular appeal under the provisions of Order 41 of the Code, 1908 before the District Court. However, under misconception of facts that the impugned order came to be passed in a suit instituted under Section 6 of the Specific Relief Act, 1963, the Applicant had withdrawn the said appeal and preferred this revision application. The appropriate remedy for the Applicant – Defendant is to file a proceeding before the District Court. 3. The learned Counsel for the Applicant, thus, seeks leave to withdraw the Civil Revision Application with liberty to take out appropriate proceeding SSP 1/3 2026:BHC-AS:36690 8 cra 485 of 2026.doc before the District Court. In the meanwhile, since the Execution Petition is scheduled to be listed on 10 September 2026, learned Counsel submits that the applicant be protected for a limited period. 4. Learned Counsel for the Respondent resisted the submissions on behalf of the Applicant. It was urged that, the Applicant is a trespasser and has no right to occupy the subject property. The Applicant has been unauthorizedly occupying the subject property since the year 2009. Therefore, the Applicant does not deserve any equitable relief. 5. The order passed by the learned District Judge dated 10 January 2025 indicates that the Applicant was permitted to withdraw Civil Misc. Application No.138 of 2023 with liberty to file appropriate proceeding before the appropriate Court. In effect, the Applicant has not had the hearing on the legality, propriety and correctness of the judgment and decree passed by the trial Court in RCS No.172 of 2008 dated 31 August 2023. 6. In these circumstances, as the Applicant intends to withdraw the revision application and pursue the remedies as available in law before the District Court, Thane, this Court considers it expedient in the interest of justice to permit the Applicant to withdraw the Civil Revision Application and take out appropriate proceeding before the District Court, Thane. 7. To facilitate the Applicant to take out an appropriate proceeding before the District Court, Thane, the executing Court is requested to defer the SSP 2/3 8 cra 485 of 2026.doc hearing of the execution petition for a period of two weeks from 10 September 2026. 8. It is hereby made clear that, request for extension of time shall neither be entertained by this Court, nor the Applicant shall be entitled to make any application for stay to the execution proceeding before the executing Court. The Applicant would be required to work out his remedies before the District Court only. 9. Subject to the aforesaid liberty and clarification, the Civil Revision Application stands disposed as withdrawn. ( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 07/09/2026 19:10:04