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Bombay High Court

TANVI RUCHIT PATELversusRUCHIT BHARAT PATEL

Decided
Disposal
Disposed Off

Holding

Leave was granted to withdraw the writ petitions while keeping the parties' contentions open.

Summary

Petitioners in two separate writ petitions before the Bombay High Court sought permission to withdraw their petitions while retaining the right to pursue their contentions later. The court considered the applications and, noting the parties' instructions, granted leave to withdraw each petition with liberty to keep the issues open for future proceedings. No substantive merits were adjudicated. The petitions were consequently disposed of. The judgment reflects procedural discretion to allow withdrawal with preservation of rights.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to keep the contentions open for future filing

Subjects

  • withdrawal of writ petition
  • liberty to keep contentions open
  • procedural discretion
  • civil appellate jurisdiction
  • Bombay High Court

Judgment

                                                                           5-WP-2195-2025 (C).doc

                   Tikam

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 2195 OF 2025

VAISHALI               Tanvi Ruchit Patel                                     ...Petitioner/s
ANIL                   VERSUS
TIKAM
                       Ruchit Bharat Patel                                    ...Respondent/s
Digitally signed
by VAISHALI
ANIL TIKAM
Date:
                                                         WITH
2026.09.07
13:48:59 +0530                               WRIT PETITION NO. 1338 OF 2025

                       Ruchit Bharat Patel                                    ...Petitioner/s
                       VERSUS
                       Tanvi Ruchit Patel                                     ...Respondent/s

                       _________________________________________________________________

                       Ms. Taubon Irani a/w. Disha Shetty, Advocate for Petitioner in WP
                       2195/2025 and for Respondent in WP 1338/2025.
                       Mr. R.T. Lalwani a/w. Sadhana Jaykar (Lalwani) a/w. J.K. Shah a/w. Ms.
                       Namrata Thakur a/w. Ms. Pooja Shah a/w. Ms. Samiksha Ludbe a/w. Ms.
                       Shriya Wadhane i/by R J Law, Advocate for Petitioner in WP 1338/2025
                       and Respondent in WP 2195/2025.
                       _________________________________________________________________

                                                          CORAM      :   SHIVKUMAR DIGE, J.
                                                          DATE       :   2nd SEPTEMBER, 2026.
                       P.C. :

                       1.        Heard learned counsel for the Petitioner in Writ Petition 2195

                       of 2025 and Respondent.

                       2.        Learned counsel for the Petitioner, on instructions, seeks leave

                       to withdraw this Writ Petition with liberty to keep contentions of the

                       Petitioner open and liberty to file appropriate proceeding at appropriate

                       time.



                                                       Page 1 of 2
                                                            5-WP-2195-2025 (C).doc

Tikam

    3.         Considering the submission of learned counsel for the

    Petitioner, leave granted to withdraw the Petition with aforesaid liberty.

    4.         All contentions of both the parties are kept open.

    5.         Writ Petition is disposed of accordingly.

    Writ Petition No. 1338 of 2025.

    1.         Heard learned counsel for the Petitioner and Respondent.

    2.         After withdrawal of the Petition by the Respondent (Petitioner

    in WP 2195/2025), learned counsel for the Petitioner, on instructions,

    seeks leave to withdraw this writ petition by keeping contentions of the

    Petitioner open and liberty to file appropriate proceedings, if required.

    3.         Considering the submissions of learned counsel, leave granted

    to withdraw the Writ Petition No. 1338 of 2025 with aforesaid liberty.

    4.         All contentions of both the parties are kept open.

    5.         Writ Petition is disposed of accordingly.



                                                    (SHIVKUMAR DIGE, J.)




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