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Bombay High Court

PRAKASH MUNNALAL KANDEversusSURATRAM MANNULAL KANDE AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court permitted the petitioner to withdraw the writ petition with liberty to file a restoration application.

Summary

The petitioner, Prakash Munnalal Kande, filed a writ petition before the High Court of Bombay, Aurangabad Bench. He sought the Court's permission to withdraw the petition and to be allowed to file a fresh application for restoration before the appropriate court. The sole issue before the Court was whether such withdrawal with liberty to restore could be permitted. The Court, after hearing the petitioner's counsel, granted the request, noting that procedural rules allow withdrawal of a petition with liberty to seek restoration. Consequently, the writ petition was disposed of as withdrawn, and any pending civil applications, if any, were also dismissed.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition and be granted liberty to file a restoration application.

Subjects

  • withdrawal of writ petition
  • restoration application
  • civil procedure
  • high court

Judgment

2026:BHC-AUG:9911
                                                   1                         10 WP 12299-2021.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 10 WRIT PETITION NO. 12299 OF 2021

                                    PRAKASH MUNNALAL KANDE
                                            VERSUS
                              SURATRAM MANNULAL KANDE AND OTHERS

                                                 …
             Mr. B.G. Sagade – Advocate for Petitioner
                                                 …

                                      CORAM            : SIDDHESHWAR S. THOMBRE, J.
                                      DATE             : 04.03.2026

             PER COURT :
             1.       Learned Counsel for the petitioner, on instructions, seeks

             permission to withdraw the present petition with liberty to file an

             application for restoration before the concerned Court.


             2.       Permission granted.


             3.       The Writ Petition stands disposed of as withdrawn with liberty as

             prayed for.


             4.       Pending Civil Applications, if any, also stand disposed of.




                                                          [ SIDDHESHWAR S. THOMBRE ]
                                                                    JUDGE


             Pooja Kale/


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