Bombay High Court

SMT. PARVATIBAI NAMDEO MULE AND ORSversusVIMAL HARISHCHANDRA MALUSARE, THROUGH LRS, BALKRISHNA DHONDU KAINKAR AND ANR

Decided: 12 February 2026
Disposal: Disposed off as Withdrawn
Bench: AMIT BORKAR

Holding

The petition is dismissed as withdrawn when some petitioners withdraw, but the remaining petitioners may seek restoration of the petition.

Summary

The petitioners, a group of individuals, filed a writ petition in the Bombay High Court. During the proceedings, a subset of the petitioners instructed their counsel to withdraw the petition, while the remaining petitioners did not give such instruction. The court was asked to determine the effect of a partial withdrawal on the status of the petition. Justice Amit Borkar held that the petition could be dismissed as withdrawn because some petitioners had withdrawn their support. However, the court also clarified that the petitioners who wish to continue may apply for restoration of the petition. Consequently, the petition was dismissed as withdrawn, subject to possible restoration by the remaining petitioners.

Issues considered

What is the legal effect of a partial withdrawal of a writ petition by some, but not all, petitioners?

Subjects

writ petition
withdrawal
restoration
civil appellate jurisdiction
Bombay High Court

Judgment

                                                                                43-WP-4473-13.doc



                                                                                      Sayali
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYALI
DEEPAK                                CIVIL APPELLATE JURISDICTION
UPASANI
Digitally signed by
SAYALI DEEPAK
UPASANI
Date: 2026.02.12
                                      WRIT PETITION NO. 4473 OF 2013
19:09:59 +0530


                      Parvatibai Namdeo Mule and Others            … Petitioners
                                  V/s.
                      Vimal Harishchandra Malusare thr. Lrs
                      and Others                                   … Respondents

                      Mr. Tejas Pandit h/f Mr. Ketan Dhavle, for Petitioners.



                                                  CORAM     : AMIT BORKAR, J.

                                                  DATED     : FEBRUARY 12, 2026

                      P.C.:

                      1.      The petitioner states that some of the petitioners have
                      instructed him to withdraw. However, the rest of the petitioners
                      have not instructed him to withdraw the petition. Since some of
                      the petitioners have instructed him to withdraw the petition, the
                      petition is dismissed as withdrawn.

                      2.      However, if the other petitioners intend to prosecute the
                      petition, it shall be open for those petitioners to apply for
                      restoration.



                                                                   (AMIT BORKAR, J.)



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