Bombay High Court

Hareshwar Sadanand MayekarversusMohammed Ismail Sayyed

Decided: 18 September 2026
Disposal: Dismissed as Withdrawn

Holding

The Court held that the petition may be dismissed as withdrawn upon the petitioner's request.

Summary

The petitioner, Hareshwar Sadanand Mayekar, filed a writ petition seeking relief concerning possession of suit premises. He informed the Court that he had already taken possession of the premises and that an appeal against the decree was pending before a higher appellate court. Accordingly, he requested leave to withdraw the present writ petition and to pursue the pending appeal. The learned counsel, Sachin Hande, appeared on behalf of the petitioner and made the withdrawal request. The Court examined whether a petition can be withdrawn in such circumstances. It dismissed the petition as withdrawn, granting the liberty sought by the petitioner.

Issues considered

Whether a writ petition may be withdrawn when the petitioner has taken possession of the subject property and has a pending appeal against the decree

Subjects

withdrawal of writ petition
civil procedure
appellate jurisdiction
possession of suit premises
petition dismissed

Judgment

  2026:BHC-AS:38212


                      Diksha Rane                                                 6 WP 11042 2026.docx



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                                WRIT PETITION NO.11042/2026
                      Hareshwar Sadanand Mayekar                               ..PETITIONER
                                VS
                      Mohammed Ismail Sayyed                                   ..RESPONDENT


                           Adv. Sachin Hande for petitioner.



                                                           CORAM       : ARUN R. PEDNEKER, J.

                                                           DATE        : 18th SEPTEMBER, 2026.

                      Per Court :
                      1.              Learned    counsel   appearing     for   the   petitioner,     on
                      instructions, submits that possession of the suit premises has already
                      been taken and that an appeal challenging the decree is pending
                      before the Appellate Court. He seeks leave to withdraw the present
                      petition and to pursue the appeal before the Appellate Authority.

                      2.              The present petition is dismissed as withdrawn with liberty
                      as prayed for.

                                                                       [ ARUN R. PEDNEKER, J.]




                                                             Page 1 of 1
                                                       18th SEPTEMBER, 2026


Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 19/09/2026 13:20:10

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Lawyer court records for this case

Associated through the court’s case reference.

Sachin Hande