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 Consequently, the writ petition was disposed of as withdrawn, and any pending civil applications, if any, were also dismissed.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 The Writ Petition stands disposed of as withdrawn with liberty as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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