Bombay High Court

KHAN ASIF DULEKHAN AND OTHERSversusKHALIL SYED RAHIM AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is withdrawn and disposed of without any consideration of its merits.

Summary

Petitioners Khan Asif Dulekhan and others filed writ petition No. 15324 of 2023 before the Bombay High Court, Aurangabad Bench, challenging certain actions of the respondents. During the hearing, the petitioners, through their counsel Mr. V.S. Bedre, sought leave of the court to withdraw the petition. The learned judge, after hearing the arguments, expressed a disinclination to proceed with the matter and considered the request for withdrawal. The court granted leave to withdraw the petition. Consequently, the petition was disposed of as withdrawn, with the court expressly stating that no merits of the case were examined. No substantive orders on the underlying dispute were made.

Issues considered

Whether a writ petition may be withdrawn at the petitioner's request after filing and during pendency
Whether the court needs to pass any substantive order on the merits before disposing of a withdrawn petition

Subjects

withdrawal of petition
writ petition
procedural law
court discretion

Judgment

2026:BHC-AUG:38094



                                                                           34-sr937.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            937 WRIT PETITION NO. 15324 OF 2023

                                Khan Asif Dulekhan And Others
                                            VERSUS
                                 Khalil Syed Rahim And Others

                                               ----
            Mr.V.S.Bedre, Advocate for petitioners
            Mr.Ashreef Patel, Advocate for respondent nos.1 to 7
                                               ----

                                       CORAM :     AJIT B. KADETHANKAR, J.
                                       DATE  :     AUGUST 20, 2026

            ORDER :-

                        After arguing the matter for some time and feeling

            disinclination of this court, Mr.Bedre, learned advocate for the

            petitioners on instructions seeks leave to withdraw the petition.


            2.          Leave granted.      The petition stands disposed of as

            withdrawn. It is clarified that this court has not observed anything on

            the merit of the matter.



                                              [AJIT B. KADETHANKAR, J.]
                                            ………..


            KBP

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