Bombay High Court

SABER YAHYA PATELversusRAFIUDDIN QUTBUDDIN FAROOQUI AND ORS

Disposal: DISPOSED OFF

Holding

The court allowed the application, discharging the appearance of the named advocates and permitting the withdrawal of the revision application to the applicant’s extent.

Summary

The applicant, Saber Yahya Patel, filed Civil Application No. 10570 of 2026 seeking the discharge of appearance of advocates Mr. M.B.W. Khan and Mr. S.B. Khan and to permit withdrawal of Civil Revision Application No. 38 of 2021 to the extent of the applicant. The application was filed alongside several other civil applications and revision applications. The court examined the prayer clauses and the reasons set out in the applicant’s filing. No substantive legal dispute was raised beyond the procedural request. The bench, after hearing counsel, allowed the application in terms of prayer clauses B and C, thereby discharging the advocates’ appearance and authorising the limited withdrawal of the revision application. The matter was adjourned for oral reply on cited case laws.

Issues considered

Whether the court may discharge the appearance of the advocates named in the application
Whether the court may allow the withdrawal of Civil Revision Application No. 38 of 2021 to the extent of the applicant

Subjects

civil procedure
revision
discharge of appearance
withdrawal of application
procedural order

Judgment

                                                  ca10570.26
                            -1-


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

           CIVIL APPLICATION NO. 10570 OF 2026
                      IN CRA/38/2021

                         Saber Yahya Patel
                              VERSUS
              Rafiuddin Qutbuddin Farooqui and others
                                  ...
Advocate for Applicant : Mr. Shivraj B. Kadu
Advocate for Respondent No.1 : Mr. S A P Quadri and Mr. S H
Pathan
Advocate for respondent Nos. 2 and 3: Mr. Y.B. Khan
Advocate for respondent: Mr. M.B.W. Khan
                                  …..
                                WITH
              CIVIL APPLICATION NO. 5676 OF 2021
                           IN CRA/37/2021
                                WITH
              CIVIL APPLICATION NO. 8997 OF 2021
                           IN CRA/37/2021
                                WITH
              CIVIL APPLICATION NO. 8995 OF 2021
                           IN CRA/38/2021
                                WITH
              CIVIL APPLICATION NO. 6045 OF 2026
                           IN CRA/37/2021
                                WITH
              CIVIL APPLICATION NO. 5677 OF 2021
                           IN CRA/38/2021
                                WITH
              CIVIL APPLICATION NO. 6046 OF 2026
                           IN CRA/38/2021
                                WITH
              CIVIL APPLICATION NO. 9449 OF 2024
                           IN CRA/38/2021
                                WITH
              CIVIL APPLICATION NO. 9450 OF 2024
                           IN CRA/37/2021
                                WITH
         CIVIL REVISION APPLICATION NO. 37 OF 2021
                                WITH
         CIVIL REVISION APPLICATION NO. 38 OF 2021
                                                             ca10570.26
                                  -2-


                     CORAM : SANJAY A. DESHMUKH, J.
                     DATED : 11th SEPTEMBER, 2026

PER COURT :-


1.       The civil application No. 10570 of 2026 is filed seeking

discharge of appearance of Mr. M.B.W. Khan and Mr. S.B. Khan,

learned advocates from Civil Revision Application No. 38 of 2021 to

the extent of the present applicant as well as the present applicant

may be permitted to withdraw the Civil revision application No. 38 of

2021 to his extent only. Heard learned advocates for the applicant.

Perused the application. For the reasons stated in the application,

the application is allowed in terms of prayer clauses “B” and “C”.



2.       In so far as the other matters are concerned, certain case

laws are cited by the learned advocate for the applicants. Stand over

to 24.09.2026 at 2.30 p.m. as a last chance, for oral reply to the case

laws filed by the learned advocate for the applicant.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

Continue reading with your account

Checking your session…