Bombay High Court

IRFAN JALAL SHAIKH AND ORSversusVILAS RAJARAM NEWASKAR AND ORS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The Court granted leave to withdraw the petition and ordered the filing of documents under Order XXI Rule 97, dismissing the writ petition as withdrawn.

Summary

The petitioners, Irfan Jalal Shaikh and others, filed a writ petition seeking relief, but the Court expressed disinclination to entertain it. The petitioners then applied for leave to withdraw the petition and to file documents before the executing court under Order XXI Rule 97 of the Code of Civil Procedure, 1908. The Court granted the leave, allowing the petitioners to submit the documents and a list within one week, and directed the executing court to hear the application expeditiously. Consequently, the writ petition was dismissed as withdrawn. The order emphasizes procedural compliance under CPC for execution matters.

Issues considered

Whether a writ petition can be withdrawn with liberty to file documents before the executing court under Order XXI Rule 97 of the CPC

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXI Rule 97

Subjects

withdrawal of petition
Order XXI Rule 97
executing court
civil procedure
writ petition

Judgment

  2026:BHC-AS:10605

                                                                                      13 wp 2208 of 2026.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                            WRIT PETITION NO.2208 OF 2026

                      Irfan Jalal Shaikh and Ors.                           ...   Petitioners
                             versus
                      Vilas Rajaram Newaskar and Ors.                       …     Respondents

                      Ms. Madhura Mulay, for Petitioners.
                      Mr. Swapnil Newaskar, for Respondents.

                                           CORAM:       N.J.JAMADAR, J.

                                           DATE :       4 MARCH 2026
                      P.C.

                      1.       Heard the learned Counsel for the parties.

                      2.       When the Court expressed its disinclination to entertain the Petition,

                      learned Counsel for the Petitioners seeks leave to withdraw the Petition with

                      liberty to file documents before the executing Court in the application under

                      Order XXI Rule 97 of the Code of Civil Procedure, 1908, along with the list of

                      documents.

                      3.       Leave granted with liberty as prayed for.

                      4.       In the event, the Petitioner files the documents along with list of

                      documents within a period of one week from today, the executing Court is

                      requested to hear and decide the application under Order XXI Rule 97 of the

                      Code, in accordance with law and as expeditiously as possible.

                      5.       The Writ Petition stands dismissed as withdrawn.

                                                                            ( N.J.JAMADAR, J. )

                      SSP                                                                    1/1



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 05/03/2026 10:50:34

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