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Bombay High Court

BABAN GENBA BHOSEKAR AND ORSversusVITHHAL GANPAT BHOSEKAR AND ORS

Decided
Disposal
Disposed Off

Holding

A writ petition may be withdrawn with the Court's permission even after the trial in the underlying suit has begun.

Summary

The petitioners, Baban Genba Bhosekar and others, filed a writ petition before the Bombay High Court. The petition sought relief, but the trial in the underlying civil suit had already commenced. Counsel for the petitioners, Mr. Rahul S. Kate, applied for leave of the Court to withdraw the writ petition. The Court considered whether a petition can be withdrawn after the commencement of the trial in the substantive suit. It held that a writ petition may be withdrawn with the Court's permission even after the suit trial has started. Consequently, the Court granted leave to withdraw and disposed of the petition.

Issues considered

  • Whether a writ petition may be withdrawn after the trial in the substantive suit has commenced

Subjects

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

Judgment

  2026:BHC-AS:38845
                         k                              1/1                           32 wp 12655.19 as.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO.12655 OF 2019

                         Baban Genba Bhosekar & Ors.                              ....Petitioners
                              V/S
                         Vithhal Ganpat Bhosekar & Ors.                           ....Respondents
                                                          _________

                         Mr. Rahul S. Kate for the Petitioners.

                         Mr. Yashodeep P. Deshmukh with Ms. Vaidehi Pradeep for Respondent
                         No.1.
                                                   __________


                                                  CORAM : SANDEEP V. MARNE, J.
                                                  DATE : 21 SEPTEMBER 2026.

                         P.C.:


                         1.       Mr. Kate, the learned counsel appearing for Petitioner, on
                         instructions, seeks leave of the Court to withdraw the Petition since trial
                         in the Suit has already commenced. Writ Petition is permitted to be
                         withdrawn and disposed of.


                                                                                (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 23/09/2026 11:20:37


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