Bombay High Court

SANTOSHKUMAR EKNATH KABRA AND ANOTHERversusSHAIKH RAFIQ SK BANNU AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court granted leave to withdraw the writ petition and dismissed it, directing the trial court to decide any amendment application on its merits.

Summary

The petitioners, represented by Advocate Y. G. Somani, sought the Court's permission to withdraw their writ petition and to file an amendment application in the trial court. The Court, after noting the petitioners' desire to withdraw, granted leave for the withdrawal and dismissed the writ petition. It directed that any amendment application filed in the trial court be decided by that court on its merits and in accordance with law. No substantive merits of the original petition were addressed. The order effectively closed the writ proceedings.

Issues considered

Whether a writ petition may be withdrawn with the Court's permission
Whether the trial court can entertain an amendment application filed by the plaintiff after withdrawal of the writ petition

Subjects

withdrawal of writ petition
amendment of pleadings
civil procedure
high court order

Judgment

2026:BHC-AUG:37400



                                                      1
                                                                     919-wp-13291-2024

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 13291 OF 2024

                                Santoshkumar Eknath Kabra And Another
                                                VERSUS
                                   Shaikh Rafiq Sk Bannu And Others
                                                   ...
                     Mr. Y. G. Somani, Advocate for the Petitioners
                                                  …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 18TH AUGUST, 2026

                     P.C. :-

                     .         After arguing at length and noticing disinclination of

                     this Court to entertain the petition, on instructions from his

                     client, Mr. Y. G. Somani, learned Advocate for the petitioners

                     seeks leave to withdraw the Writ Petition. Mr. Somani further

                     seeks leave to file an application in the Trial Court for suitable

                     amendment in the pleadings.

                     2.        Leave granted. Writ Petition stands dismissed. If an

                     application is filed by the plaintiff for amendment in the

                     pleadings, the Trial Court shall decide the same on its own

                     merits and strictly in accordance with law.




                                                          ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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