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Bombay High Court

HARIPRASAD GANPAT BARAIversusTHE STATE OF MAHA. THR. GP AND ORS

Decided
Disposal
Disposed Off

Holding

The court may allow withdrawal of an interim application with liberty to adopt appropriate proceedings.

Summary

Hariprasad Ganpat Barai filed an interim application in Writ Petition No. 7827 of 2023 before the High Court of Bombay. The applicant, through counsel Ashish Dubey and Gayatri Gupta, sought the court's permission to withdraw the interim application while retaining the liberty to pursue appropriate proceedings thereafter. The sole issue before the court was whether such withdrawal could be permitted. The court, after considering the request, held that there was no impediment to allowing the withdrawal. Accordingly, the interim application was disposed of as withdrawn with the liberty sought by the applicant.

Issues considered

  • Whether the High Court may grant permission to withdraw an interim application and grant liberty to adopt appropriate proceedings thereafter

Subjects

  • interim application
  • withdrawal
  • civil procedure
  • writ petition
  • high court

Judgment

          Digitally signed
          by SHAGUFTA
SHAGUFTA QUTBUDDIN
          PATHAN
QUTBUDDIN
          Date:
PATHAN    2026.08.07                                                      21-WP-IA-38640-2025.doc
          10:03:39
          +0530
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO.38640 OF 2025
                                                          IN
                                             WRIT PETITION NO.7827 OF 2023

                      Hariprasad Ganpat Barai                                 ...Applicant
                      IN THE MATTER BETWEEN :
                      Hariprasad Ganpat Barai                                 …Petitioner
                                Versus
                      The State of Maharashtra
                      Through Government Pleader And Ors.                     ...Respondents
                                                    ——————
                      Mr. Ashish Dubey a/w Ms. Gayatri Gupta for the Applicant
                      Ms. Leena Patil, `B’ Panel Counsel a/w Ms. S. A. Prabhune, A.G.P for the
                      Respondent-State
                      Ms. Aparna D. Vhatkar a/w Mr. Farzan Ansari for the Respondent No.4-
                      SRA
                      Ms. Kavita Rathod for the Respondent No.5
                                                    ——————
                                                 CORAM : SHARMILA U. DESHMUKH, J.
                                                   DATE    : AUGUST 6, 2026
                      P. C. :

                      1.        Learned counsel appearing for the Applicant, on instructions,

                      seeks permission to withdraw the Interim Application, with liberty to

                      adopt appropriate proceedings.

                      2.        The Interim Application is disposed of as withdrawn with liberty

                      as prayed for.

                                                             [SHARMILA U. DESHMUKH, J.]




          SQ Pathan                                                                          1/1


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