Bombay High Court

DR. SANTOSH KANTILAL SHAHversusRAJENDRA ANNARAO GAIKWAD AND ORS.

Disposal: Disposed off as Withdrawn

Holding

The writ petition was withdrawn, with the Court granting liberty to the petitioner to avail the remedy under Section 47 of the CPC.

Summary

The petitioner, Dr. Santosh Kantilal Shah, filed a writ petition seeking relief against the respondents. The Court, after hearing, expressed its disinclination to grant the relief sought. Counsel for the petitioner then applied for leave to withdraw the petition, citing the option to approach the executing court under Section 47 of the Code of Civil Procedure, 1908. The Court considered whether a petition could be withdrawn at that stage of the proceedings. It allowed the withdrawal, granting the petitioner liberty to pursue the remedy available under CPC. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether a writ petition may be withdrawn after the Court has expressed disinclination to grant relief
Whether the petitioner may approach the executing court under Section 47 of the CPC after withdrawing the writ petition

Subjects

withdrawal of writ petition
Section 47 CPC
Civil Procedure Code
executing court
court discretion

Judgment

                                                       901-WP-3972-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                        CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 3972 OF 2026

Dr. Santosh Kantilal Shah                                      ...Petitioner
      Versus
Rajendra Annarao Gaikwad And Ors.                              ...Respondents

                                …..
Adv. Prasad Pradeep Kulkarni a/w Adv. Nakul Shukla, Adv. Amol
Anarnath Kanaki and Adv. Amol S. Deshinge, for Petitioner.
                                …..


                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE      : 18th AUGUST, 2026.

P.C. :

           After hearing for some time, when this Court expressed

disinclination to grant relief, the learned counsel for the petitioner seeks

leave to withdraw the present petition with liberty to approach the

Executing Court by taking recourse to Section 47 of the Code of Civil

Procedure, 1908 (CPC).

2.         The writ petition is disposed of as withdrawn with liberty to avail

the remedy as permissible in law.

                                                 [ SHAILESH P. BRAHME, J.]




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