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Bombay High Court

SANJAY RAMESHLAL GUGALE AND ORS.versusPUNE MUNICIPAL CORPORATION THRU MUNICIPAL COMMISSIONER AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that it may permit the withdrawal of the application and accordingly disposed of it.

Summary

The applicants, Sanjay Rameshlal Gugale & Ors., filed an application in the High Court of Bombay seeking relief. Their counsel later decided not to press the application and moved the court for permission to withdraw it. The court considered whether it has the authority to allow withdrawal of a pending application. Relying on its inherent powers to manage its own proceedings and noting the absence of any prejudice to the respondents, the court granted permission to withdraw. Consequently, the application was withdrawn and the matter was disposed of.

Issues considered

  • Whether the High Court may permit the withdrawal of a pending application at the request of the applicant's counsel

Subjects

  • withdrawal of application
  • court discretion
  • civil procedure

Judgment

                                                          1/1        28-CAW-75-22-IN-WP-1687-05.odt

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                              APPLICATION NO.75 OF 2022
                                                          IN
                                             WRIT PETITION NO.1687 OF 2005

                           Sanjay Rameshlal Gugale & Ors.                  .... Applicants

                                         versus

                           Pune Municipal Corporation & Ors.               .... Respondents
                                                        …....

                           •     Ms. Lalita Panchakshari, Advocate for Applicants.
                           •     Mr. Rajdeep Khadapkar, Advocate for Respondent No.1.
                           •     Mr. M. M. Pabale, AGP for Respondent Nos.3 and 4.

                                                  CORAM      : SARANG V. KOTWAL &
                                                               SANDESH D. PATIL, JJ.
                                                  DATE       : 20th FEBRUARY, 2026

                           P.C. :


                           1.            Learned counsel for the Applicants does not press this

                                application and seeks permission to withdraw this application.



                           2.            Permission is granted. The application is allowed to be

                                withdrawn and is disposed of.

MANUSHREE
NESARIKAR

Digitally signed by
MANUSHREE
NESARIKAR
Date: 2026.02.23
11:42:26 +0530                      (SANDESH D. PATIL, J.)             (SARANG V. KOTWAL, J.)

               Nesarikar


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