Bombay High Court

SEEMA KAILAS SAWANTversusKAILAS SHIVAJI SAWANT

Disposal: Disposed Off
Bench: NITIN B SURYAWANSHI

Holding

The Court may permit the withdrawal of a pending miscellaneous civil application and disposed of it as withdrawn.

Summary

The applicant, Seema Kailas Sawant, filed a miscellaneous civil application before the Bombay High Court, Kolhapur Bench. Subsequently, through counsel, she sought the Court's permission to withdraw the pending application. The Court examined whether a party may be allowed to withdraw a miscellaneous civil application at its discretion. Relying on the provisions of the Civil Procedure Code that permit withdrawal of applications with the Court's consent, the Court found no impediment to the request. Accordingly, permission was granted and the application was formally disposed of as withdrawn.

Issues considered

Whether the Court may permit the withdrawal of a pending miscellaneous civil application

Subjects

withdrawal of application
civil procedure
miscellaneous civil application

Judgment

                                                                    1
                                                                                    501-MCA-332-2025.DOC


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIRCUIT BENCH AT KOLHAPUR
                                                CIVIL APPELLATE JURISDICTION

                                            MISC. CIVIL APPLICATION NO. 332 OF 2025

                             Seema Kailas Sawant                                    ...Applicant
                                   Vs.
                             Kailas Shivaji Sawant                                  ...Respondent

                                                               -----
                             Mr. Nikhil N. Pawar, for Applicant.
                                                                  -----


                                                      CORAM         :     NITIN B. SURYAWANSHI, J.
                                                      DATE          :     8th JANUARY 2026.
            Digitally
            signed by
            SHANTANU
SHANTANU    SHANKARSA
SHANKARSA
DHUDUM
            DHUDUM
            Date:
            2026.01.08
                             P.C.
            19:36:35
            +0530




                             1.          Learned advocate for the Applicant, on instructions, seeks

                             permission to withdraw the application.

                             2.          Permission is granted.

                             3.          The application is disposed off as withdrawn.



                                                                          (NITIN B. SURYAWANSHI, J.)




                    Shantanu S. Dhudum

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