Bombay High Court

Mrs. Komal @ Yogita Akshay Jade (Sonar)versusAkshay @ Hemkant Dipak Jade (Sonar)

Disposal: Withdrawn
Bench: Y G KHOBRAGADE

Holding

The court allowed the withdrawal of the application with liberty to file a fresh one after setting aside the ex-parte order.

Summary

Mrs. Komal (applicant) filed a miscellaneous civil application against Mr. Akshay. An ex-parte order had been passed in the proceedings. The applicant, through counsel, sought leave of the court to withdraw the pending application and requested liberty to file a fresh application after the ex-parte order is set aside. The court considered whether such a withdrawal with liberty to re‑file could be permitted. It held that the request was permissible. Consequently, the court dismissed the application as withdrawn, granting the liberty sought.

Issues considered

What is the appropriate procedure for withdrawing a miscellaneous civil application with liberty to file a fresh one after an ex-parte order?

Subjects

withdrawal of application
ex-parte order
miscellaneous civil application
procedural law
court discretion

Judgment

2026:BHC-AUG:15699


                                                                      913-MCA-24-2026.odt




                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                           913 MISC.CIVIL APPLICATION NO. 24 OF 2026

                          MRS. KOMAL @ YOGITA AKSHAY JADE (SONAR)
                                               VERSUS
                            AKSHAY @ HEMKANT DIPAK JADE (SONAR)
                                                   .…
                 Mr. Sujit D. Koli, Advocate for the Applicant
                                                   .…

                                     CORAM : Y. G. KHOBRAGADE, J.

                                        DATE : April 10, 2026
                 PER COURT :-


                 1.          The learned counsel for the applicant, on instructions,

                 seeks leave to withdraw the application with liberty to file fresh

                 application after the ex-parte order is set aside.


                 2.          In view of above, the Miscellaneous Civil Application

                 is dismissed as withdrawn with liberty as prayed for.




                                                        [ Y. G. KHOBRAGADE, J. ]

                 SMS




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