Bombay High Court

MADAN MOHAN CHANDRABHAN GUPTAversusTHE MUNICIPAL CORPORATION OF BHIHANMUMBAI

Decided: 4 March 2026
Disposal: Disposed off as Withdrawn
Bench: GAURI GODSE

Holding

The Court may grant leave to withdraw a writ petition when a parallel civil suit is pending, rendering the petition infructuous.

Summary

The petitioner, Madan Mohan Chandrabhan Gupta, filed Writ Petition No. 10028 of 2018 before the High Court of Bombay. Subsequently, a civil suit concerning the same matter was instituted. The petitioner sought leave to withdraw the writ petition on the ground that the suit was proceeding. The Court examined its inherent jurisdiction to permit withdrawal of a pending writ when a parallel suit exists and found no prejudice to any party. Accordingly, the Court granted leave to withdraw and ordered the writ petition to be disposed of as infructuous.

Issues considered

Whether the petitioner may be permitted to withdraw a writ petition when a civil suit on the same cause of action is pending

Subjects

withdrawal of writ petition
infructuous petition
civil suit
court discretion
high court order

Judgment

2026:BHC-AS:10695

                                                               54-WP-10028-2018.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
     Swapnil
                            CIVIL APPELLATE JURISDICTION
                            WRIT PETITION NO. 10028 OF 2018
               Madan Mohan Chandrabhan Gupta.            …     Petitioner
                    Vs.
               The Municipal Corporation Of
               Bhihanmumbai.                             …     Respondent

               Mr. Hemanshu Vyas, Mr. Suraj Shetye i/b. Ms. Hetal Patel for
               the petitioner.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       4th MARCH 2026

               ORDER :


               1.    Learned counsel for the petitioner seeks leave to

               withdraw the writ petition as the suit is proceeded further.


               2.    Leave granted.


               3.    The writ petition is disposed of as infructuous.




                                                         [GAURI GODSE, J.]




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