Bombay High Court
MUKESH JETHALAL SOMAIYA PERSONAL GUARANTOR OF ALAG PROPERTY AND ORSversusATUL HARIRAM RAMANI
- Decided
- Disposal
- Disposed Off
Holding
The Court granted leave to withdraw the writ petition and allowed the petitioners liberty to file an application under Order XXI Rule 58 of the CPC.
Summary
Mukesh Jethalal Somaiya, a personal guarantor of Alag Property & Ors, filed a writ petition before the Bombay High Court seeking leave to withdraw the petition and instead file an application under Order XXI Rule 58 of the Code of Civil Procedure, 1908 before the executing court. The respondent, Atul Hariram Ramani, opposed the withdrawal. The Court examined whether the petition could be withdrawn and whether liberty could be granted to pursue the matter in the executing court. It held that the petitioners were entitled to withdraw the writ petition and to approach the executing court under the specified CPC provision. Consequently, the petition was disposed of, with the Court expressly keeping all parties' contentions open for future determination in the executing court.
Issues considered
- Whether a writ petition may be withdrawn with liberty to file an application under Order XXI Rule 58 CPC before the executing court
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXI Rule 58
Subjects
- civil procedure
- withdrawal of petition
- execution proceedings
- Order XXI Rule 58
- writ petition
Judgment
38-WP-12115-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12115 OF 2026
Mukesh Jethalal Somaiya
Personal Guarantor Of Alag Property & Ors ..Petitioners
Versus
Atul Hariram Ramani …Respondent
Mr. Sanjay P. Shinde for the Petitioners.
Mr. Mutahhar Khan i/by Maulik Tanna, for the Respondent.
Digitally
signed by
PRIYANKA
PRIYANKA
MADHAVRAO CORAM : N. J. JAMADAR, J.
MADHAVRAO KALE
KALE Date:
2026.09.29
10:18:26
+0530
DATE : 28th SEPTEMBER 2026
P.C.:
1. The learned Counsel for the Petitioners, on instructions,
seeks leave to withdraw the Petition with liberty to file an
application under Order XXI Rule 58 of the Code of Civil
Procedure, 1908 before the Executing Court.
2. Leave granted with liberty as prayed for.
3. The Petition stands disposed with liberty to the Petitioners
to file an application under Order XXI Rule 58 of the Code of
Civil Procedure, 1908.
4. In the event such an application is filed, the Executing
Court is requested to decide the same on its own merits.
5. All contentions of the parties are expressly kept open.
[N. J. JAMADAR, J.]
PRIYANKA 1/1
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