Bombay High Court

SANTOSH DANIAL GHARWADHVE AND ANRversusPRIYANKA VINAYAK PAWAR AND ORS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The order allowing unconditional withdrawal of the civil miscellaneous application is not liable to be set aside, and the writ petition is dismissed.

Summary

The petitioners challenged an order dated 25 September 2025 by the District Judge, Ahmednagar, which allowed the respondent to withdraw Civil Miscellaneous Application No. 310/2024. The petitioners, who had intervened in the original proceedings, feared that the respondent might later initiate a similar suit and obtain orders without their knowledge. The High Court examined whether the withdrawal order, which was unconditional and did not permit a fresh application on the same cause of action, could be set aside. The Court observed that the District Judge acted within his jurisdiction and that no procedural defect was evident in allowing the withdrawal. Consequently, the Court found no merit in the writ petition and dismissed it. The decision underscores that a court’s discretion to permit withdrawal of a civil application is not reviewable merely on the basis of speculative apprehensions of the intervenor.

Issues considered

Whether the order permitting unconditional withdrawal of a civil miscellaneous application can be challenged by a writ petition.
Whether the petitioners' apprehension of future litigation constitutes a sufficient ground to set aside the withdrawal order.

Subjects

civil procedure
withdrawal of application
intervention
writ petition
jurisdiction
district judge

Judgment

2026:BHC-AUG:18988
956-WP-4686-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 4686 OF 2026

Santosh Danial Gharwadhve And Anr
VERSUS
Priyanka Vinayak Pawar And Ors
...
Mr. Shaikh Wasif, Advocate for the Petitioners
***
CORAM : S. G. CHAPALGAONKAR, J
DATE : APRIL 28, 2026

PC :

1. The present Writ Petition takes exception to order dated 25.09.2025

passed by District Judge, Ahmednagar permitting withdrawal of Civil Misc.

Application No. 310/2024 filed by Respondent No. 1.

2. The learned Advocate appearing for Petitioners submits that

Respondent No. 1 instituted proceedings before District Judge wherein Petitioners

were permitted to intervene. In view of intervention of Petitioners, Respondent No

1 filed pursis seeking permission to withdraw Civil Misc. Application. The

Petitioners have apprehension that after withdrawal of Civil Misc. Application,

Respondent may initiate proceedings of similar nature and make an attempt to

obtain orders behind their back.

3. Although apprehension of Petitioners may be true, this Court finds

that learned District Judge has permitted withdrawal of Civil Misc. Application

without any leave to file fresh application on same cause of action. The withdrawal

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956-WP-4686-2026.odt

of Civil Misc. Application is unconditional. In that view of matter, no fault can be

found in impugned order. In result, Writ Petition stands rejected being devoid of

merit.

(S. G. CHAPALGAONKAR, J.)
Umesh

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