Ashok Lalchand Jain And ORS v. Sitabai Dharmraj Dhivare And ANR

2026:BHC-AS:22328 8 wp 6385 of 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6385 OF 2026 Ashok Lalchand Jain and Ors.

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Petitioners versus sitabai Dharamraj Dhivare and Anr.

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Respondents Mr. Jayendra Khairnar (through VC) with Ms. Gauri Kulkarni, Ms. Aleema Bohra, for Petitioners.

CORAM: N.J.JAMADAR, J.

DATE :

8 MAY 2026 P.C.

1.

Heard the learned Counsel for the Petitioners. 2.

The challenge in this Petition is to an order dated 10 February 2026, whereby the learned Civil Judge has directed the revenue authorities to remove the entry of charge in the decreetal amount taken in the record of rights of the suit property.

3.

Pursuant to the decree dated 6 March 2020 in SCS No.31 of 2014, the decree holder has deposited an amount of Rs.58,04,098/- in the Court vide receipt dated 8 August 2022. The executing Court has noted that there is no stay to the execution of the decree.

4.

In the aforesaid circumstances, when this Court expressed its disinclination to entertain the Petition, learned Counsel for the Petitioners seeks leave to withdraw the Petition with liberty to work out remedies in the SSP 1/2

8 wp 6385 of 2026.doc appeal filed by the Petitioners against the decree in SCS No.31 of 2024. 5.

Leave granted with liberty as prayed for.

6.

The Writ Petition stands dismissed as withdrawn. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 11/05/2026 14:45:27