Shubham Ulhas Kad v. Babaji Pandurang Nanekar And ORS

27-WP-3458-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3458 OF 2026 Shubham Ulhas Kad ..Petitioner

Versus

Babaji Pandurang Nanekar and Ors

...Respondents

Mr. Girish Agrawal, with Chitra Darekar and Shubham Jangam, for the Petitioner.

Mr. P. G. Sawant, AGP, for Respondent Nos. 7 and 8.

CORAM:

N. J. JAMADAR, J.

DATE :

30th MARCH 2026 P.C.:

1.

Heard the learned Counsel for the Petitioner. ARUN RAMCHANDRA SANKPAL 2.

The learned Counsel, for the Petitioner, on instructions, seeks ARUN RAMCHANDRA SANKPAL Date: 2026.04.01 10:58:55 +0530 leave to withdraw the Petition, with liberty to institute a civil suit. 3.

The learned Counsel, however, submits that the civil Court may be directed to decide the said civil suit without being influenced by the observations in the order dated 10th January 2025, passed in RCS NO. 312 of 2024, instituted by the Muktangan Nagari Cooperative Housing Society.

Leave granted with liberty as prayed for.

ARS 1/2

27-WP-3458-2026.DOC 4.

In the event, such a suit is instituted, the civil Court is requested to decide the same on its own merits and in accordance with law, without being influenced by the observations in the order dated 10th January 2025 in RCS No. 312 of 2024, subject to just exceptions as to its relevancy.

[N. J. JAMADAR, J.] ARS 2/2