Avdhoot Maroti Shinde v. Vilas Mahajan Shinde Died Through Lrs Laxmibai Vilas Shinde And Others

2026:BHC-AUG:1609 wp 531.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 WRIT PETITION NO.531 OF 2026 Avdhoot Maroti Shinde

VERSUS

Vilas Mahajan Shinde Died Through Lrs Laxmibai Vilas Shinde And Others ...

Advocate for Petitioner : Mr. A.M. Gaikwad Advocate for Respondents 1A - 1E: Mr. V.B. Dhage CORAM : S. G. CHAPALGAONKAR, J.

Dated : January 14, 2026 PER COURT :- 1.

Mr. Anil Gaikwad, learned advocate appearing for petitioner relied upon two judgments of the Hon'ble Supreme Court in case of Shriram Housing Finance and Investment India Ltd., Vs. Omesh Mishra Memorial Charitable Trust reported in AIR Online 2022 SC 939 and judgment in case of Periyammal (Dead) through L.Rs. And others Vs. Rajamani and another Etc reported in 2025 LiveLaw (SC) 293 dated 6.3.2025 and concedes that, in view of law laid down by Hon'ble Supreme Court in case of Periyammal, the order impugned amounts to decree and can be subjected to appeal in view of scheme under the provisions of Order XXI Rule 97 to 103 of the Civil Procedure Code. He would therefore seeks

wp 531.26.odt permission to withdraw the writ petition, to avail alternate remedy as is permissible under law.

2.

Writ Petition stands disposed of, with the liberty as prayed for.

( S. G. CHAPALGAONKAR, J. ) ...

AAA