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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


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                                           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.]




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