Bombay High Court

JATIN MANUBAHI SHETH DECD THROU. L.H.versusARVIND PANDURANG NAGVEKAR DECD. THROUGH LHRS.

Decided: 7 October 2026
Disposal: Disposed Off

Holding

Leave is granted to withdraw the interim application and the writ petition, with liberty to initiate independent proceedings.

Summary

The heirs and legal representatives of the original sole petitioner filed an interim application seeking permission to withdraw both the interim application and the underlying writ petition, wishing to pursue separate independent proceedings. Counsel for the applicants requested leave to withdraw, arguing that such liberty is permissible under law. The Court examined whether the petitioners were entitled to withdraw the proceedings at this stage. It held that the applicants were at liberty to withdraw the interim application and the writ petition and to initiate separate proceedings if they choose. Consequently, the Court granted the leave and ordered the interim application and writ petition to be disposed of as withdrawn.

Issues considered

Whether the applicants are entitled to withdraw the interim application and the writ petition with liberty to institute separate proceedings

Subjects

withdrawal of writ petition
interim application
civil procedure
liberty to institute separate proceedings
high court order

Judgment

2026:BHC-AS:40905

                                                                  24-IA-7615-2026.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                          INTERIM APPLICATION NO. 7615 OF 2026
   Swapnil
                                                IN

                               WRIT PETITION NO. 191 OF 2020

               Jatin Manubahi Sheth Decd Throu. Lrs.              …Applicants
                    Vs.
               Arvind Pandurang Nagvekar
               Decd. Through Lrs.                                 …Respondents


               Ms. Ayushi Udani i/b. Vashi and Vashi for the petitioner in
               WP/191/2020 and for the applicants in IA/7615/2026.
               Mr. Pradeep Thorat a/w. Ms. Aditi Naikare for respondent
               nos. 2 and 3.
               Mr. Sujeet K. for respondent no.9

                                       CORAM : GAURI GODSE, J.

                                       DATE :        7th OCTOBER 2026

               ORDER :


               1.    This interim application is filed by the heirs and legal

               representatives of the original sole petitioner.


               2.    Learned counsel for the applicants, on instructions,

               seeks leave to withdraw the interim application and the writ

               petition with liberty to adopt their own separate independent

               proceedings.


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                                             24-IA-7615-2026.docx


3.    Leave granted, with liberty as prayed. The applicants

are at liberty to initiate their independent proceedings as

permissible in law.


4.    The interim application and the writ petition are

disposed of as withdrawn with liberty as recorded above.




                                        [GAURI GODSE, J.]




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