Bombay High Court

SMT. JYOTIBEN VIRJI SHAHversusM/S NAVIN DEVELOPMENTS

Decided: 29 August 2026
Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the writ petition with liberty to challenge the order if the main suit is restored.

Summary

The petitioner, Swapnil Jyotiben Virji Shah, filed a writ petition after the main suit against M/s Navin Developments was dismissed in default, rendering the writ petition ineffective. The petitioner’s counsel sought permission to withdraw the writ petition while retaining the right to challenge the impugned order if the main suit were to be restored. The Court examined whether such a withdrawal with a conditional liberty was permissible. It held that the petitioner could be allowed to withdraw the writ petition subject to the liberty to revive the challenge upon restoration of the suit. Consequently, the writ petition was ordered to be disposed of as withdrawn, with the liberty as recorded. The order reflects the Court’s procedural discretion in managing redundant petitions.

Issues considered

Whether the petitioner may withdraw the writ petition with liberty to revive the challenge if the main suit is restored

Subjects

writ petition
withdrawal
default judgment
civil procedure
court discretion

Judgment

2026:BHC-AS:35444

                                                          15-WP-5917-2019.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                            WRIT PETITION NO. 5917 OF 2019
   Swapnil
               Jyotiben Virji Shah                             …Petitioner
                    Vs.
               M/s Navin Developments.                         …Respondent


               Santosh P. Shetye for the petitioner.

                                       CORAM : GAURI GODSE, J.

                                       DATE :        29th AUGUST 2026

               ORDER :


               1.    Learned counsel for the petitioner submits that the

               main suit has been dismissed in default rendering this writ

               petition infructuous. He, therefore, seeks leave to withdraw

               the writ petition with liberty to challenge the impugned order

               in the event the suit is restored.


               2.    Leave granted, with liberty as prayed.


               3.    The writ petition is disposed of as withdrawn with liberty

               as recorded above.




                                                          [GAURI GODSE, J.]




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