Bombay High Court

Anil Fulchand ChateversusSonali Anil Chate

Disposal: Withdrawn
Bench: Y G KHOBRAGADE

Holding

The Court allowed the withdrawal of the miscellaneous civil application and granted liberty to file separate civil and criminal suits.

Summary

The applicant, Anil Fulchand Chate, filed a miscellaneous civil application seeking relief. At the request of his counsel, the applicant sought to withdraw the application and instead pursue two separate suits: one for transfer of a civil suit (HMP-A No. 202 of 2024) and another for a criminal matter (Cri. M.A. No. 926/2024). The learned counsel argued that the matters were distinct and better addressed in separate proceedings under the Civil Procedure Code and Criminal Procedure Code respectively. The Court examined whether the withdrawal could be permitted and whether liberty could be granted to file the two new suits. Finding no legal impediment, the Court allowed the withdrawal and granted liberty to institute the separate proceedings. Consequently, the original miscellaneous civil application was disposed of as withdrawn.

Issues considered

Whether the applicant may withdraw the pending miscellaneous civil application
Whether the Court can grant liberty to the applicant to file separate civil and criminal proceedings

Subjects

withdrawal of civil application
procedural law
Civil Procedure Code
Criminal Procedure Code
separate proceedings

Judgment

2026:BHC-AUG:1290

                                                                    906mca374-25

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                    06 MISC.CIVIL APPLICATION NO. 374 OF 2025
                                     Anil Fulchand Chate
                                           VERSUS
                                       Sonali Anil Chate
                                               ...
              Mr. Gaikwad Amol Ratan, Advocate for Applicant
              Mr. N. B. Patlar, Advocate for Respondent

                                  CORAM     : Y. G. KHOBRAGADE, J.
                                  Dated     : 13th January, 2026

              PER COURT :-
              1.       At the request of learned counsel for the applicant, the

              applicant is permitted to withdraw the present civil application

              with liberty to file two separate proceedings for transfer of HMP-A

              No. 202 of 2024 and Cri. M.A. No. 926/2024 under the Civil

              Procedure Code and Criminal Procedure Code.


              2.       Accordingly, the Misc. Civil Application is disposed of as

              withdrawn with liberty as aforesaid.




                                                      ( Y. G. KHOBRAGADE, J. )
   JPChavan




                                                                            1 of 1

Continue reading with your account

Checking your session…