Bombay High Court

IYYAPAN GOPALKRISHNAN IYERversusSTATE OF MAHARASHTRA THR CHIEF SECRETARY AND ORS

Decided: 13 January 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The petition is disposed, and the trial court is directed to hear the temporary injunction application expeditiously.

Summary

The petitioner, Iyyapan Gopalkrishnan Iyer, filed a writ petition challenging a judgment dated 1 April 2025 that upheld a trial court order rejecting an application for status quo. The High Court expressed its disinclination to entertain the petition and the petitioner’s counsel sought leave to withdraw it. The counsel also requested that the main application for a temporary injunction (Exhibit‑5) be heard expeditiously by the trial court. The Court directed the Civil Judge (RCS/23/2020) to hear and decide the injunction application as soon as possible and scheduled the parties to appear on the next listing date. Consequently, the petition was ordered to stand disposed.

Issues considered

What is the appropriate procedure for withdrawing a writ petition after the court has expressed disinclination to entertain it?
Can the High Court direct the trial court to expedite hearing of a pending temporary injunction application?

Subjects

writ petition
withdrawal
temporary injunction
Civil Procedure Code
status quo
appellate jurisdiction

Judgment

                                                                         25-WP52-2026.DOC

                                                                                   Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                       WRIT PETITION NO. 52 OF 2026

                      Iyyapan Gopalkrishnan Iyer                             ...Petitioner
                                        Versus
                      State of Maharashtra and ors.                      …Respondents

                      Mr. Kaustubh Pawar, for the Petitioner.
                      Mr. A. C. Bhadang, AGP for the State.

SANTOSH                                                CORAM: N. J. JAMADAR, J.
SUBHASH                                                DATED: 13th JANUARY, 2026
KULKARNI
Digitally signed by
SANTOSH
SUBHASH
KULKARNI              PC:-
Date: 2026.01.13
20:34:43 +0530



                      1.     Heard the learned Counsel for the petitioner.


                      2.     When the Court expressed its disinclination to entertain

                      the petition against a judgment and order dated 1st April, 2025,

                      whereby the learned District Judge has af;rmed the order

                      passed by the trial Court rejecting the application for status

                      quo, the learned Counsel for the petitioner seeks leave to

                      withdraw the petition.


                      3.     The learned Counsel for the petitioner further submits

                      that the main application for temporary injunction (Exhibit-5)

                      ;led by the plaintiffs be directed to be heard and decided by the

                      trial Court expeditiously. The prayer is justi;able.




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                                                  25-WP52-2026.DOC

4.   The learned Civil Judge seized with RCS/23/2020 is

requested to hear and decide the main application for temporary

injunction (Exhibit-5) as expeditiously as possible.


5.   The parties shall appear before the learned Civil Judge on

the next scheduled date of the listing of the suit before the trial

Court.


6.   The petition stands disposed.



                                           [N. J. JAMADAR, J.]




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