Bombay High Court

PRESIDENT NIVRUTTI SEVA SANGH THROUGH CHAIRMAN, EKHATPURversusMISS. KALMUNISSA IBRAHIM INAMDAR AND ORS.

Disposal: Disposed Off

Holding

A writ petition may be withdrawn upon the petitioner’s request when the dispute is settled, and the Court may grant leave to do so.

Summary

The petitioner, President Nivrutti Seva Sangh, sought the High Court’s permission to withdraw its writ petition after the underlying dispute with the respondents was settled. The petition raised the procedural question of whether a writ petition can be withdrawn at the petitioner’s request. The Court examined its inherent power to allow withdrawal of a petition when the parties have resolved their differences. Relying on the principle that courts may grant leave to withdraw to avoid unnecessary litigation, the judges granted the petitioner's request. Consequently, the writ petition was formally disposed of as withdrawn.

Issues considered

Whether a writ petition may be withdrawn by the petitioner upon settlement of the dispute

Subjects

withdrawal of writ petition
settlement of dispute
High Court of Bombay
civil appellate jurisdiction
procedural law

Judgment

                                                       44 - WP - 10106 - 2017 (C).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION
                   WRIT PETITION NO. 10106 OF 2017
President Nivrutti Seva Sangh Through Chairman, Ekhatpur ...Petitioner
                VERSUS
Miss. Kalmunissa Ibrahim Inamdar And Ors                    ...Respondents
                              ——————
Ashok B. Tajane (through VC) a/w. Mr. Balaji Shinde, Advocate for
Petitioner
Mr. A. I. Patel, AGP a/w. Mr. Santosh A. Jadhav, ‘B’ Panel counsel for the
respondents-State.
                              ——————

                                      Coram :      RAJESH S. PATIL &
                                                   ABHAY J. MANTRI, JJ.

                                      Date     :   AUGUST 17, 2026.

P. C. :

1.        Learned counsel for the petitioner seeks leave of the Court to

withdraw the present writ petition, as the disputes between the parties

have been settled.

2.        Leave, as prayed for, is granted.

3.        The present writ petition stands disposed of as withdrawn.



(ABHAY J. MANTRI, J.)                              (RAJESH S. PATIL, J.)




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