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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Allowed To be withdrawn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  • Whether a pending writ petition may be withdrawn by the petitioner with liberty to institute fresh proceedings in the future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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