Bombay High Court

SAU. SHARADA KAILAS NIKALJE AND ANR.versusANNASAHEB MAGAR CO-OPERATIVE BANK LTD. AND ORS.

Decided: 9 March 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

Leave to withdraw a writ petition may be granted at the discretion of the court.

Summary

The petitioners, Sau. Sharada Kailas Nikalje and another, filed a writ petition before the High Court of Bombay. They later sought unconditional leave to withdraw the petition. Respondents, including Annasaheb Magar Co-Operative Bank Limited, filed an affidavit containing statements relevant to the withdrawal request. The Court examined the petitioners' request and the respondents' affidavit. Exercising its discretion, the Court granted leave to withdraw the petition. Consequently, the petition was disposed of as withdrawn.

Issues considered

Whether the Court may grant unconditional leave to withdraw a writ petition.

Subjects

withdrawal of petition
writ petition
court discretion
civil procedure

Judgment

                   KSG                                                       44-WP-2658-2019.doc



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 2658 OF 2019

                   Sau. Sharada Kailas Nikalje & Anr                        … Petitioners
                            V/s.
                   Annasaheb Magar Co-Operative
                   Bank Limited & Ors                                       … Respondents
                                      _______________________________________

                   Mr. Uday Nighot for Petitioners.
                   Ms. R. A. Salunkhe, A.G.P. for Respondent-State.
                                   _______________________________________

                                              CORAM : A. S. GADKARI AND
                                                      KAMAL KHATA, JJ.
                                              DATE  : 9th MARCH 2026

                   P.C. :

                   1)              In view of the statements made by the Respondent Nos.9 and 10

       Digitally
                   in its Affidavit dated 19 th November, 2019, Mr. Nighot, learned Advocate for
       signed by
       KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE 2026.03.17
       Date:

       19:22:03
       +0530
                   Petitioners seeks leave to withdraw Petition unconditionally.

                   1.1)            Leave granted.

                   2)              Disposed off as withdrawn.




                                   ( KAMAL KHATA, J. )                ( A.S. GADKARI, J. )




                                                                                                   1/1

Continue reading with your account

Checking your session…