Bombay High Court
ANANDASHRAM CO-OPERATIVE HOUSING SOCIETY (PROPOSED)versusTHE COMMISSIONER, MUNICIPAL CORPORATION OF GR MUMBAI
- Decided
- Disposal
- DISPOSED OFF
Holding
The amendment was not permitted and the writ petition was dismissed as withdrawn, with liberty to file a fresh petition.
Summary
The petitioners, Anandashram Co-operative Housing Society (Proposed) and others, filed a writ petition seeking relief against the Commissioner of the Municipal Corporation of Greater Mumbai. They later submitted a draft amendment intending to introduce new documents and alter the original averments, which the Court found would fundamentally change the nature of the petition. The Court expressed disinclination to permit such amendment and, upon the petitioners' request, granted them liberty to withdraw the petition and file a fresh one. Consequently, the writ petition was dismissed as withdrawn, with the liberty to re‑file. The interim relief previously granted by a coordinate bench was ordered to continue for ten more days.
Issues considered
- Whether the petitioners may be allowed to amend the writ petition by introducing new documents and altering its averments
- Whether the petitioners may withdraw the writ petition with liberty to file a fresh petition
Subjects
- amendment of pleadings
- writ petition
- leave to amend
- withdrawal of petition
- interim relief
- civil procedure
Judgment
5-WP.4595.2026.doc
Salunke
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JAYANT
VISHWANATH ORDINARY ORIGINAL CIVIL JURISDICTION
SALUNKE
Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.09.29
10:55:59 +0530
WRIT PETITION NO. 4595 OF 2026
Anandashram Co-operative Housing }
Society (Proposed) & Ors. } Petitioners
Versus
The Commissioner, Municipal Corporation }
of Greater Mumbai & Ors. } Respondents
Mr. A. Y. Sakhare, Senior Advocate with Mr. Sameer
Khedekar, Mr. Yogesh Sankpal, Ms. Pratiksha Desai
and Mr. Dipesh Solkar, Advocates for the Petitioner.
Ms. Sheetal Metakari i/b. Ms. Komal Punjabi, Advocates
for BMC.
Mr. Santosh Nachanekar, Administrative Officer
(Society) and Mr. Santosh Tambe, Estate Officer,
G/South present.
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 28th SEPTEMBER, 2026
P.C.:
1. Mr. Sakhare, the learned Senior Counsel appearing for the
Petitioners tenders voluminous draft amendment and seeks leave to
amend the Petition in terms of the draft amendment.
2. We find that through the draft amendment, the Petitioners
seeks to tender various documents and intends to change the
averments made in the Petition, which may change the very nature
of the Petition.
3. When we expressed our disinclination to grant leave to amend
the Petition in terms of the draft amendment, the learned Senior
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5-WP.4595.2026.doc
Counsel for the Petitioners seeks leave to withdraw the Petition with
liberty to file fresh Petition.
4. Leave granted. The Writ Petition is dismissed as withdrawn
with the aforesaid liberty.
5. Since the ad-interim relief was granted by a co-ordinate
Bench of this Court after hearing the parties, we continue the same
for a period of 10 days from today.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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