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Bombay High Court

JITENDRA SINGH B. RATHOREversusCHABILDAS D. BHAYANI

Decided
Disposal
Dismissed as Withdrawn

Holding

The court allowed the petition to be withdrawn with liberty to raise the contention at an appropriate time.

Summary

The petitioner, Jitendra Singh B. Rathore, filed a writ petition in the Bombay High Court and later sought permission to withdraw the petition while retaining the right to raise the same contention at a later stage. The petitioner’s counsel, Mr. Khan Javed Akhtar, moved the court for such leave. The respondent, Chabildas D. Bhayani, was represented by Mr. Jayesh Patel. The court considered whether it could permit a withdrawal with liberty to re‑assert the claim later. Finding no impediment, the court dismissed the writ petition as withdrawn, granting the requested liberty. Consequently, the petition stands withdrawn but the petitioner may raise the issue again in the future.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition with liberty to raise the same contention at a later stage

Subjects

  • withdrawal of writ petition
  • civil appellate jurisdiction
  • liberty to raise contention later
  • high court procedure

Judgment

                                                   4-WP-14453-2025.DOC




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION
                WRIT PETITION NO.14453 OF 2025


Jitendra Singh B. Rathore                            …Petitioner
  Versus
Chabildas D. Bhayani                                 …Respondent


Mr. Khan Javed Akhtar, for the Petitioner.
Mr. Jayesh Patel, for the Respondent.



                      CORAM:       ARUN R. PEDNEKER, J.
                      DATED :      01st October 2026
PC:-


1.      Mr.Khan, learned Counsel appearing for the Petitioner, on

instructions, seeks leave to withdraw the present Writ Petition with

liberty to raise the contention at an appropriate state.


2.      The present Writ Petition dismissed as withdrawn with

liberty as prayed.


                                             [ARUN R. PEDNEKER, J.]




                                Page 1
Akash


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