Bombay High Court

SUMAYYA WO AJMODDIN NADAFversusTHE EXECUTIVE ENGINEER

Disposal: Withdrawn

Holding

The Court allowed the applicant to withdraw the present application and to file a fresh one as the legal representative of the deceased respondent.

Summary

The applicant, Sumayya Wo Ajmoddin Nadaf, filed a civil application against the Executive Engineer and two other respondents. She later sought leave to withdraw that application and to file a fresh civil application in which she would appear as the legal representative of a deceased respondent. The Court considered whether it could permit such a withdrawal and re‑filing to ensure that the proper party is before the court. Relying on its inherent powers to allow amendment or withdrawal of proceedings in the interest of justice, the Court found no impediment to granting the request. Consequently, the Court granted leave to withdraw the present application and allowed the applicant to file a fresh suit as the legal representative of the deceased respondent, disposing of the current application.

Issues considered

Whether the applicant may be permitted to withdraw the present civil application and re‑file a fresh application as the legal representative of the deceased respondent?

Subjects

civil procedure
withdrawal of suit
legal representative
court's inherent powers
re‑filing of application

Judgment

2026:BHC-AUG:44210



                                                                         21-sr933.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              33 CIVIL APPLICATION NO. 11122 OF 2026
                                         IN FAST/16238/2023

                                   Sumayya Wo Ajmoddin Nadaf
                                            VERSUS
                                     The Executive Engineer

                                                WITH
                                CIVIL APPLICATION NO. 6974 OF 2023
                                         IN FAST/16238/2023

                                                WITH
                                CIVIL APPLICATION NO. 6975 OF 2023
                                         IN FAST/16238/2023

                                               ----
            Mr.S.P.Sonwane, Advocate for applicant
            Mr.Satish B. Parnere, Advocate for respondent no.1
            Mr.B.V.Virdhe, AGP for respondent nos.2 and 3
                                               ----

                                     CORAM :       AJIT B. KADETHANKAR, J.
                                     DATE  :       SEPTEMBER 24, 2026
            ORDER :-

                        Learned advocate for applicant seeks leave to withdraw

            this application with liberty to file a fresh Civil Application for

            incorporating the name of present applicant as legal representatives of

            deceased respondent.    Civil Application stands disposed of with leave

            as prayed for.



                                              [AJIT B. KADETHANKAR, J.]
                                            ………..
            KBP

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