Bombay High Court
MANUBEN CHHOTUBHAI PATEL AND ORSversusGANESH BABU PATEL AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court disposed of the writ petitions, granting liberty to seek withdrawal of the civil suits and to withhold the deposited amount for four weeks pending trial court orders.
Summary
The petitioners, Manuben Chhotubhai Patel and others, sought leave to withdraw their writ petitions and to apply before the trial court for withdrawal of two civil suits (No.6/2010 and No.25/2015) with permission to file a fresh composite suit. They also requested that the amount deposited in the suit accounts be withheld for four weeks to enable them to obtain appropriate orders. The High Court, after hearing counsel, disposed of the writ petitions, granting the petitioners liberty to file the withdrawal applications in the trial court. The Court clarified that the trial court will decide the withdrawal applications on its merits and, if permission is granted, the deposited amount shall not be disbursed for four weeks. No statutory or precedent citations were made.
Issues considered
- Whether the High Court can grant leave to withdraw the writ petitions and permit the petitioners to seek withdrawal of the two civil suits and file a fresh composite suit.
- Whether the amount deposited in the suit accounts can be ordered to be withheld for a period of four weeks.
Subjects
- withdrawal of suit
- fresh composite suit
- writ petition
- stay of deposited amount
- civil procedure
- High Court order
Judgment
904&905-WP4598-2025+.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4598 OF 2025
Manuben Chhotubhai Patel And Ors ...Petitioners
Versus
Ganesh Babu Patel And Ors …Respondents
WITH
SANTOSH WRIT PETITION NO. 4633 OF 2025
SUBHASH
KULKARNI
Digitally signed by
SANTOSH SUBHASH
Manuben Chhotubhai Patel And Ors ...Petitioners
KULKARNI
Date: 2026.10.02
11:33:32 +0530 Versus
Ganesh Babu Patel And Ors …Respondents
Mr. Mandar Soman, a/w Mr. Hardik Joshi, for the Petitioners in
both WP.
Mr. Girish Agrawal a/w Mr. Shubham Jangam, for Respondent
Nos.1 to 3, 5, 9 to 21 & 27.
CORAM: N. J. JAMADAR, J.
DATED: 30th SEPTEMBER, 2026
PC:-
1. Heard the learned Counsel for the parties.
2. Mr. Soman, the learned Counsel for the petitioners seeks
leave to withdraw the petitions.
3. Mr. Soman submits that, the petitioners – plaintiffs
propose to file an application for withdrawal of Civil Suit
No.6/2010 and Civil Suit No.25/2015 before the trial Court with
liberty to file a fresh composite suit. Mr. Soman further submits
1/2
904&905-WP4598-2025+.DOC
that, the amount which is deposited in the suit account should
be withheld by the Civil Court for a period of four weeks to
facilitate the petitioners to obtain appropriate orders from the
Court in the event the suits are permitted to be so withdrawn.
4. In view of the aforesaid submissions, the petitions stand
disposed with liberty to the petitioners to file an application
before the trial Court seeking withdrawal of Civil Suit No.6/2010
and Civil Suit No.25/2015 with permission to file a fresh
composite suit.
5. It is clarified that, in the event such an application is filed,
the trial Court shall decide the same on its own merits and in
accordance with law.
6. In the event the trial Court grants permission to withdraw
the abovenumbered suits with liberty to file a fresh suit, to
facilitate the petitioners to obtain appropriate orders, the
amount deposited in the suit account and kept in fixed deposit
with the State Bank of India, shall not be disbursed by the trial
Court for a period of four weeks from the date of such order.
[N. J. JAMADAR, J.]
2/2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.