Bombay High Court

BHAGWAN DATTU TELANGEversusSUMAN SHIVAJI PALANGTODE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court allowed the petitioner to withdraw the writ petition and granted liberty to file a fresh application.

Summary

The petitioner, Bhagwan Dattu Telange, filed a writ petition seeking relief. During the proceedings, the petitioner, through counsel, requested permission to withdraw the petition and to be allowed to file a fresh application after having led evidence. The sole issue before the court was whether such withdrawal could be permitted. The bench, after considering the request, exercised its discretion to allow the withdrawal. Consequently, the writ petition was disposed of as withdrawn with liberty to file a fresh application as prayed for.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and be granted liberty to file a fresh application after leading evidence?

Subjects

withdrawal of writ petition
civil procedure
high court
liberty to file fresh application

Judgment

2026:BHC-AUG:610
                                                1                           970 WP 4092-2020.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                970 WRIT PETITION NO. 4092 OF 2020

                                    BHAGWAN DATTU TELANGE
                                             VERSUS
                              SUMAN SHIVAJI PALANGTODE AND OTHERS

                                                …
             Mr. Manoj G. Biradar – Advocate for Petitioner
                                                …

                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 08.01.2026

             PER COURT :
             1.       Learned Counsel for the petitioner, on instructions, seeks

             permission to withdraw the present petition with liberty to file a fresh

             application after the plaintiff/petitioner has led evidence.


             2.       Permission granted.


             3.       Accordingly, the Writ Petition is disposed of as withdrawn with

             liberty as prayed for.


                                                       [ SIDDHESHWAR S. THOMBRE ]
                                                                 JUDGE


             Pooja Kale/

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