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Bombay High Court

MS PRIDE CONSTRO VENTURES LIMITED THROUGH ITS PARTNER NAVEEN H. BAGADIA AND ANOTHERversusBHOSLE BUILDERS AND DEVELOPERS PVT LTD THROUGH ITS DIRECTOR RAMDAS BAJIRAO BHOSLE

Disposal
DISPOSED OFF

Holding

The Court held that the petitioners may withdraw the writ petition and are granted liberty to file a fresh application before the Principal District Judge.

Summary

The petitioners, Ms Pride Constro Ventures Ltd., sought the Court's permission to withdraw their writ petition and instead file a fresh application before the Principal District Judge seeking a direction to club pending suits for simultaneous hearing. The petition raised the question of whether such withdrawal and liberty to approach a lower court could be granted. The Court examined the procedural propriety of allowing a petition to be withdrawn and the scope of liberty to file a fresh application. It found no impediment to granting the petitioners' request. Consequently, the Court permitted the withdrawal, dismissed the writ petition as withdrawn, and directed that any fresh application be considered on its merits by the Principal District Judge.

Issues considered

  • Whether the petitioners may be permitted to withdraw the writ petition and file a fresh application before the Principal District Judge for direction to club pending suits for simultaneous hearing?

Subjects

  • withdrawal of writ petition
  • fresh application
  • simultaneous hearing
  • civil procedure
  • court discretion

Judgment

2026:BHC-AUG:16754
                                                                             907-wp-3967-2026.odt
                                                      (1)


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD

                                    WRIT PETITION NO. 3967 OF 2026

                   Ms Pride Constro Ventures Limited Through Its Partner Naveen H.
                                          Bagadia And Another
                                                 VERSUS
                  Bhosle Builders And Developers Pvt Ltd Through Its Director Ramdas
                                             Bajirao Bhosle
                                                    ...
                   Advocate for the Petitioners : Mr. G.R. Syed h/f Mr. Vishal Amritlal
                                                 Bagdiya
                                                    ...
                                            CORAM : S. G. CHAPALGAONKAR, J.

                                               DATED : APRIL 18, 2026

                 PER COURT :-

                 1.             Learned   advocate    appearing    for   petitioners     seeks

                 permission to withdraw present petition with liberty to move fresh

                 application before Principal District Judge for direction to club

                 pending suits for simultaneous hearing.

                 2.             Permission granted.    Writ Petition stands dismissed as

                 withdrawn with liberty as prayed for.

                 3.             In case petitioner files such application, the learned

                 Principal District Judge is requested to consider it on its own merit.




                                                            (S.G. CHAPALGAONKAR, J.)




                 Mujaheed//


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