Bombay High Court
M/S. DURGA VIHAR FAST FOOD AND RESTURANT , THROUGH ITS SOLE PROP. SATISH V KARAPURKARversusTHANE MUNICIPAL CORPORATION , THROUGH THE COMMISSIONER AND ORS.
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court permitted the petitioner to withdraw the writ petition with liberty to file appropriate proceedings later.
Summary
The writ petition filed by M/s. Durga Vihar Fast Food and Restaurant in 2018 remained pending before the Bombay High Court. The petitioner sought permission to withdraw the petition, reserving the right to initiate appropriate proceedings in the future if a cause of action arises. The Court, after hearing counsel, granted the petitioner's request to withdraw the petition with liberty to file fresh proceedings later. The Court expressly noted that it did not examine the merits of the underlying dispute. Consequently, the petition was formally disposed of.
Issues considered
- Whether a pending writ petition may be withdrawn by the petitioner with liberty to institute fresh proceedings in the future
Subjects
- writ petition
- withdrawal of petition
- civil appellate jurisdiction
- procedural law
- Bombay High Court
Judgment
Gokhale 1 of 1 5-wp-4100-18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4100 OF 2018
M/s. Durga Vihar Fast Food and Restaurant ..Petitioner
Versus
Thane Municipal Corporation & Ors. ..Respondents
__________
Mr. Sameer Pandit a/w. Chintan Pasad i/b. Wadia Ghandy & Co.
for Petitioner.
Mr. R. S. Apte, Sr. Advocate a/w. Jagdish G. Aradwad (Reddy) and
Ashwini Jadhav for Respondent Nos.1 and 2.
Ms. Pooja Joshi Deshpande, AGP for Respondent No.3.
__________
CORAM : SARANG V. KOTWAL &
SANDESH D. PATIL, JJ.
DATE : 04 MARCH 2026
PC :
1. This petition is pending since 2018. Learned counsel for
the Petitioner submits that, he be permitted to withdraw this
petition with liberty to adopt appropriate proceedings in
accordance with law, if cause of action arises in future.
2. Permission is granted to withdraw this petition with such
liberty. It is made clear that we have not examined the merits of
the matter.
3. The petition is disposed of.
Digitally
signed by
VINOD
VINOD
BHASKAR
BHASKAR GOKHALE
(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)
GOKHALE Date:
2026.03.05
10:56:17
+0530
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