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Bombay High Court

ODETTE RICHARD RODRIGUESversusVERNON JOHN PINTO AND ORS

Decided
Disposal
Disposed Off

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 Accordingly, the Court granted the leave with liberty as prayed and disposed of the petition as withdrawn, leaving all substantive contentions open for future determination.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


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