Bombay High Court
ANIL SHAMBHUNATH PAULversusMUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- Disposed Off
Holding
The petition was disposed of as withdrawn, with liberty granted to the petitioners to approach the civil court for settlement.
Summary
The petitioners, already involved in a civil suit (Suit No.1251 of 2025) seeking protection from eviction by the Municipal Corporation of Greater Mumbai, filed a writ petition to quash a communication dated 15 July 2025. They later indicated willingness to vacate the premises and sought to place terms before the civil court for an amicable settlement. The High Court granted them liberty to approach the civil court with their willingness and any settlement terms. No substantive adjudication on the merits of the writ petition was made. Consequently, the writ petition was disposed of as withdrawn on the petitioners' instructions.
Issues considered
- Whether the High Court can entertain a writ petition seeking quash of a communication when the petitioners are willing to vacate the premises.
- Whether the petitioners have the right to withdraw the writ petition after filing.
Subjects
- eviction
- writ petition
- civil suit
- jurisdiction
- withdrawal
- settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5267 OF 2026
Anil Shambhunath Paul & Ors. .. Petitioners
Vs.
Municipal Corporation of Greater Mumbai & Ors. .. Respondents
Mr. Nitin Gangal with Ms. Prapti Karkera and Mr. Saket Joshi,
Advocates for the Petitioners.
Mr. D.R. Kawale, Advocate for the Respondent-MCGM.
Mr. Jitu Gohil, Sub-Engineer (B & F), ‘C’ Ward, MCGM is present in
Court.
CORAM : RAVINDRA V. GHUGE, ACJ. &
GAUTAM A. ANKHAD, J.
DATE : 19th August, 2026.
P.C. :
1. The Petitioners are already before the Civil Court in R.A.D.
Suit No.1251 of 2025, which is pending before the learned Judge, Small
Causes Court, Mumbai. The prayer before the said Court is that the
Petitioners should not be evicted from the premises. Now the Petitioners
are before this Court for quashing the impugned communication dated
15th July, 2025.
2. The Petitioners now submit that they are willing to vacate
the premises. Per contra, a Suit seeking injunction on evicting the
Petitioners is pending before the Civil Court.
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922-WP-5267-2026.odt Dixit
3. We grant liberty to the Petitioners to approach the Civil
Court and express their willingness to vacate the premises. The
Petitioners desire to place certain terms before the Civil Court in order to
arrive at an amicable settlement. Needless to state, all contentions of all
the stakeholders are kept open.
4. In view of the above statements and liberty, this Petition is
disposed off as withdrawn on instructions.
[ GAUTAM A. ANKHAD, J. ] [ ACTING CHIEF JUSTICE ]
Digitally
signed by
SNEHA SNEHA
ABHAY DIXIT
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ABHAY Date: 922-WP-5267-2026.odt Dixit
DIXIT 2026.08.20
14:15:33
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