Created by Fuzzy Cloud

Bombay High Court

A S INFRA PROJECTSversusANITA VIJAY GADEKAR AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as withdrawn with liberty to raise contentions before the trial court.

Summary

The petitioner, A S Infra Projects, filed a writ petition in the Bombay High Court seeking leave to withdraw the petition while retaining the liberty to raise all contentions before the trial court. The petitioner’s counsel, R. D. Soni, requested the court’s permission for this withdrawal. The court considered whether such a withdrawal with liberty could be permitted. Finding no impediment, the court granted the request. Consequently, the petition was dismissed as withdrawn, with liberty to raise the contentions before the trial court as prayed for.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition with liberty to raise all contentions before the trial court

Subjects

  • withdrawal of petition
  • writ petition
  • civil appellate jurisdiction
  • liberty to raise contentions

Judgment

                                                                    907-WP12368-2026.DOC

                                                                                   Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                     WRIT PETITION NO. 12368 OF 2026

                      A S Infra Projects                                     ...Petitioner
                                        Versus
                      Anita Vijay Gadekar And Ors                       …Respondents

                      Mr. R. D. Soni, i/b Ram & Co., for the Petitioner.
                      Mr. Eknath Dhokale, a/w Darshan Kamble, for Respondent
                           Nos.1 to 3.

                                                   CORAM: N. J. JAMADAR, J.
                                                   DATED: 30th SEPTEMBER, 2026
SANTOSH
SUBHASH
KULKARNI              PC:-
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2026.10.01      1.     Heard the learned Counsel for the petitioner.
17:37:06 +0530




                      2.     The learned Counsel for the petitioner, on instructions,

                      seeks leave to withdraw the petition, with liberty to raise all

                      contentions before the trial Court.


                      3.     The petition stands dismissed as withdrawn with liberty as

                      prayed for.


                                                                 [N. J. JAMADAR, J.]




                                                      1/1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.