Bombay High Court

SALIMABEE HAJIMIYANversusGODAVARI VAIJNATH AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the writ petitions may be withdrawn with liberty to avail appropriate remedies.

Summary

Petitioners filed two writ petitions (Nos. 7347 and 7350 of 2015) before the Bombay High Court, Aurangabad Bench. The petitioners, through counsel, sought leave to withdraw the petitions while preserving the right to pursue any appropriate remedy. The Court examined the maintainability of the petitions and considered whether withdrawal was permissible. It granted the petitioners' request, allowing the petitions to be withdrawn and directing the court to consider the time spent in prosecution. Consequently, both writ petitions were disposed of as withdrawn.

Issues considered

Whether the writ petitions are maintainable for withdrawal at the petitioners' request
Whether the petitioners may be granted liberty to seek alternative remedies after withdrawal

Subjects

writ petition
withdrawal
maintainability
high court
civil procedure

Judgment

2026:BHC-AUG:38320



                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD


                        87 WRIT PETITION NO. 7347 OF 2015 WITH
                            WRIT PETITION NO. 7350 OF 2015
                                       Salimabee Hajimiyan
                                             VERSUS

                                Balaji Vaijnath Kadage And Others

                                             .......
            Mr. K.M. Nagarkar, Advocate for petitioner
            Mr. V.S. Kadam, Advocate for R.No.1.
                                             ....…

                                      CORAM : SACHIN S. DESHMUKH, J.
                                      DATE      : 24th AUGUST, 2026

            PER COURT :


                         When confronted with the maintainability of the petitions,
            learned counsel for the petitioners, on instructions, seeks leave to
            withdraw these petitions with liberty to avail appropriate remedy available
            in law. With the aforesaid liberty, both the writ petitions are disposed of
            as withdrawn. The concerned Court shall take into account the time spent
            in prosecuting the present petitions.




                                                    (SACHIN S. DESHMUKH, J.)


            fmp/-

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