Bombay High Court

DR ZAKIR HUSSAIN EDUCATION SOCIETY THROUGH ITS TREASURERversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court may, at its discretion, grant leave to withdraw a civil application.

Summary

The Dr. Zakir Hussain Education Society filed a civil application before the Bombay High Court, Aurangabad Bench. During the hearing, the applicant’s counsel sought leave to withdraw the civil application, proposing to pursue the related writ petition that remained pending. The Court exercised its discretion and granted the request, allowing the withdrawal. Consequently, the civil application was disposed of as withdrawn. No substantive merits of the underlying dispute were addressed, as the matter was procedural.

Issues considered

Whether the Court may grant leave to withdraw a civil application pending before it.

Subjects

withdrawal of civil application
court discretion
procedural law
high court

Judgment

                                            (1)               904-CA-2103-2026


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                     904 CIVIL APPLICATION NO. 2103 OF 2026
                                IN WP/11153/2024

Dr Zakir Hussain Education Society
Through Its Treasurer                      ...Applicant
     VERSUS
The State Of Maharashtra
Through Its Principal Secretary And Others ...Respondents
                                 WITH
                  WRIT PETITION NO. 11153 OF 2024
                                            ...
Mr. Sambhaji S. Tope, Advocate for Applicant.
Mr. S. B. Pulkundwar, AGP for Respondent-State.
                                       CORAM : KISHORE C. SANT &
                                                   NEERAJ P. DHOTE, JJ.

                                       DATE       : 18th AUGUST 2026.

PC :-
1.           After arguing for some time, learned Advocate for Applicant seeks
leave to withdraw present Civil Application with liberty to make
appropriate prayer in the main Writ Petition which is still pending.

2.           Leave granted as prayed for.

3.           Civil Application stands disposed off as withdrawn.




     [NEERAJ P. DHOTE, J.]                            [KISHORE C. SANT, J.]

D.A.ETHAPE

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