Bombay High Court

SHRUTI MAHENDRA MUDHOLKARversusTHE UNIVERSITY OF MUMBAI THROU. ITS REGISTRAR AND ANR

Decided: 21 August 2026
Disposal: Disposed Off

Holding

A petitioner may be allowed to withdraw from a writ petition and be granted liberty to file a fresh petition, subject to the court’s discretion.

Summary

The petitioners filed Writ Petition No.6720 of 2026 before the Bombay High Court. Petitioner No.8, Ms. Shruti Mudholkar, sought to withdraw her name from the petition and obtain liberty to file a fresh petition in her individual capacity. The court considered whether it could permit deletion of a petitioner’s name without affecting the remaining petitioners. Relying on procedural rules governing amendment of pleadings, the court held that a petitioner may be allowed to withdraw provided the other petitioners’ interests are not prejudiced. Accordingly, the court granted leave to delete the name of Petitioner No.8 and authorized her to file a fresh petition. The interim application was disposed of.

Issues considered

Whether a petitioner may be permitted to delete her name from a pending writ petition and be granted liberty to file a fresh petition

Subjects

writ petition
interim application
withdrawal of petitioner
civil appellate jurisdiction
procedural law

Judgment

                                                                              905 wp6720-26.doc



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 TRUSHA
 TUSHAR                                      CIVIL APPELLATE JURISDICTION
 MOHITE
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2026.08.24                             WRIT PETITION NO. 6720 OF 2026
15:41:33 +0530

                                                            WITH
                                         INTERIM APPLICATION NO. 6540 of 2026


                      Om Ulhas Lokhande and Others                               .. Petitioners

                               Versus

                      The University of Mumbai and Another                       .. Respondents



                           Ms. Shweta N. Nevshe a/w. Mr. Nitesh S. Nevshe, for Petitioner No.8 /
                           Applicant (through Legal Aid).
                           Mr. Rui Rodrigues a/w. Mr. Jainendra Sheth, for Respondent No.1.
                           Mr. V. G. Badgujar, AGP for the Respondent / State.
                           Ms. Shruti Mudholkar, Applicant / Petitioner No.8 is present.



                                     CORAM:      R. I. CHAGLA &
                                                 FIRDOSH P. POONIWALLA, JJ.
                                     DATE:       AUGUST 21, 2026

                      P. C.

                      1.             Having heard the learned counsel for the Petitioner No.8, and

                      expressing the view that Petitioner No.8 cannot be represented in isolation

                      from other Petitioners, she has sought leave for deletion of name of Petitioner

                      No.8 from Writ Petition No.6720 of 2026 and liberty to file a fresh Petition.

                      Mohite                                                                       1/2
                                                       905 wp6720-26.doc




2.           Accordingly, we permit Petitioner No.8 to delete her name from

Writ Petition No.6720 of 2026 and grant liberty to Petitioner No.8 to file a

fresh Petition in her individual capacity.



3.           Interim Application is disposed of accordingly.



[FIRDOSH P. POONIWALLA, J.]                  [R. I. CHAGLA, J.]




Mohite                                                                     2/2

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