Bombay High Court
ODETTE RICHARD RODRIGUESversusVERNON JOHN PINTO AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The Court granted leave to withdraw the writ petition while reserving liberty to appeal under Section 105 of the CPC.
Summary
Odette Richard Rodrigues filed a writ petition challenging an order. She applied to withdraw the petition while reserving the right to appeal under Section 105 of the Code of Civil Procedure, 1908, should the final decree be adverse. The Court examined whether such a withdrawal with retained liberty is permissible. It held that the provisions of Section 105 allow a petitioner to withdraw a petition and still retain the option to appeal later. Accordingly, the Court granted the leave with liberty as prayed and disposed of the petition as withdrawn, leaving all substantive contentions open for future determination.
Issues considered
- Can a petitioner withdraw a writ petition and retain liberty to appeal under Section 105 of the CPC, 1908?
Subjects
- withdrawal of writ petition
- CPC Section 105
- liberty to appeal
- civil procedure
- high court order
Judgment
22-WP-1657-2020.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1657 OF 2020
Odette Richard Rodrigues … Petitioner
Vs.
Vernon John Pinto and Others … Respondents
Mr. Rahul Motkari a/w. Ms. Manasi Pawar for the Petitioner.
CORAM : GAURI GODSE, J.
DATE : 31st JULY 2026
ORDER :
1. Learned counsel for the petitioner seeks leave to
withdraw the petition by reserving liberty under Section 105
of the Code of Civil Procedure, 1908 to challenge the
impugned order in appeal if the final decree is against the
petitioner. Leave granted with liberty as prayed.
2. All rival contentions of the parties on merits are kept
open.
3. The writ petition is disposed of as withdrawn subject to
the aforesaid liberty.
[GAURI GODSE, J.]
Digitally signed
by
RAJESHWARI
RAJESHWARI RAMESH
RAMESH PILLAI
PILLAI Date:
1/1
2026.07.31
14:53:07 +0530
Checking your session…