Santosh Laxmanrao Chaudhari v. the State of Maharashtra through the Collector and Others
Case brief
What is this about?
Santosh Laxmanrao Chaudhari v. The State of Maharashtra through the Collector and Others, WRIT PETITION NO. 979 OF 2024, High Court of Judicature at Bombay, Bench at Aurangabad (neutral citation 2025:BHC-AUG:5384), R. M. Joshi, J., decided 26 February 2025. Petition dismissed as withdrawn with liberty to file a fresh application under Order XXVI, Rule 9 of the Code of Civil Procedure at the appropriate stage of the pending suit. The Court clarified that the grant of liberty does not pre-judge the application, which the Trial Court must decide on its own merit. No ruling was made on the merits of the impugned order; no precedents were cited and no monetary relief was awarded.
What did the court decide?
Liberty to withdraw the petition and to file a fresh application under Order XXVI, Rule 9 of the Code of Civil Procedure at the appropriate stage of the suit.