Bombay High Court

SOU. SHEWATA W/O SAGAR CHABUKSWAR,versusSAGAR S/O DADULAL CHABUKSWAR

Disposal: Withdrawn
Bench: ABHAY MANTRI

Holding

The court held that the application may be withdrawn with liberty to file a fresh application, and therefore dismissed it as withdrawn.

Summary

The petitioner, Shewata, filed a miscellaneous civil application seeking relief against the respondent, Sagar. During the hearing, the petitioner’s counsel, Mr. Kamble Dinkar G., appeared via video conference and requested permission to withdraw the application while retaining the liberty to file a fresh one if needed. The court considered whether such a withdrawal with liberty could be permitted under procedural law. Accepting the counsel’s statement, the bench found no impediment to allowing the withdrawal. Consequently, the application was dismissed as withdrawn, with liberty to file a fresh application if permissible by law.

Issues considered

Whether the court may permit the withdrawal of a miscellaneous civil application with liberty to file a fresh application.

Subjects

withdrawal of application
civil procedure
procedural law
miscellaneous civil application
court discretion

Judgment

2026:BHC-AUG:23032


                                                     1                      903.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         MISC. CIVIL APPLICATION NO. 83 OF 2024
                          SOU. SHEWATA W/O SAGAR CHABUKSWAR
                                             VERSUS
                            SAGAR S/O DADULAL CHABUKSWAR
                                                 ...
                           Advocate for Applicant : Mr. Kamble Dinkar G.
                                                …

                                                     CORAM : ABHAY J. MANTRI, J.
                                                     DATE : 12TH JUNE, 2026

              PER COURT :

              1.           Learned Advocate Mr. Kamble, appeared through Video

              Conferencing mode, on instructions of his client, sought leave to

              withdraw the Application with liberty to file a fresh Application, if

              required. His statement is accepted.

              2.           In view of the statement, the Application is dismissed as

              withdrawn with liberty as prayed, if permissible in accordance with law.



                                                            ( ABHAY J. MANTRI, J. )




              SPC

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