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Bombay High Court

ANJUMAN TALIM E JAMHUR AND ORS.versusMOHD. AYYUB MOH. HANIF

Decided
Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the writ petition and disposed of it as withdrawn.

Summary

The petitioners, Anjuman Talim E Jamhur A Registered Public Trust, filed a writ petition in the Bombay High Court against respondent Mohd. Ayyub Mohd. Hanif. The petition sought relief, but the underlying civil suit had already been decreed in favour of the petitioners. Counsel for the petitioners applied for leave to withdraw the writ petition on the ground that the suit was finally decided. The Court considered whether a writ petition could be withdrawn after the decree of the suit. Applying established procedural principles, the Court granted leave to withdraw and ordered the petition to be disposed as withdrawn.

Issues considered

  • Whether a writ petition may be withdrawn after the underlying suit has been decreed

Subjects

  • writ petition
  • withdrawal
  • civil procedure
  • decree

Judgment

                                                                       4-wp-2927-2016.doc




             varsha          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 2927 OF 2016


                      Anjuman Talim E Jamhur A Registered Public       … Petitioners
                      Trust through its present Trustees and Ors
                                 vs.
                      Mohd. Ayyub Mohd. Hanif                          … Respondent


                      Mr. Mateen Shaikh a/w. Ms. Muskan Shaikh       for Petitioner.

        Digitally
        signed by
        VARSHA
VARSHA VIJAY
VIJAY   RAJGURU
                                                     CORAM : GAURI GODSE, J.
RAJGURU Date:
        2026.02.18
        16:31:24
        +0530
                                                      DATED : 17th FEBRUARY 2026


                      ORDER:

                      1.    Learned counsel for the petitioners on instructions submits

                      that the suit has been decreed. He therefore seeks leave to

                      withdraw the petition.

                      2.    Leave granted.

                      3.    The writ petition is disposed of as withdrawn.



                                                                      (GAURI GODSE, J.)




                                                   Page no. 1 of 1


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