Bombay High Court

SHRI. SUBHASH MUKUND MHATREversusM/S. AADARSH ENTERPRISES ( PROPRIETOR) AND ORS.

Decided: 10 July 2026
Disposal: Disposed off as Withdrawn
Bench: GAURI GODSE

Holding

The petition may be withdrawn and the petitioner is granted liberty to file an appeal, with the benefit of the petition's pendency period for condonation of delay.

Summary

The petitioner filed a writ petition challenging an order passed under Order VII Rule 10(2) of the Code of Civil Procedure. The petitioner sought leave to withdraw the petition while retaining the right to file an appeal against the impugned order. The Court examined whether such withdrawal with liberty to appeal is permissible and whether the petitioner could be allowed to seek condonation of delay for filing the appeal. The Court held that the petition could be withdrawn and the petitioner was granted liberty to file the appeal, including the benefit of the petition's pendency period for condoning any delay. Consequently, the petition was allowed to be withdrawn and the appeal was permitted.

Issues considered

Whether a writ petition filed under Order VII Rule 10(2) CPC can be withdrawn with liberty to file an appeal
Whether the petitioner can be permitted to seek condonation of delay in filing the appeal

Legislation cited

Code of Civil Procedure

Subjects

withdrawal of petition
appeal
condonation of delay
civil procedure

Judgment

ANANT
KRISHNA                                                                    22.WP.8065.2017.doc
NAIK
Digitally signed by
ANANT KRISHNA                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAIK
Date: 2026.07.14
13:47:38 +0530                         CIVIL APPELLATE JURISDICTION
                                      WRIT PETITION NO. 8065 OF 2017
                      Subhash Mukund Mhatre                                  ..Petitioner
                            Vs.
                      M/s. Aadarsh Enterprises (Proprietor) & Ors.           ..Respondents


                      Adv. Sakshi S. Kadam i/b. Adv. Kedar J. Patil for the petitioner.


                                                      CORAM : GAURI GODSE, J.
                                                      DATED : 10th JULY 2026
                      ORDER:

                      1.    The impugned order is passed under Order VII Rule 10(2) of

                      the Code of Civil Procedure (CPC). This order is appealable under

                      clause (a) of Rule 1 of Order XLIII of the CPC.

                      2.    Learned counsel for the petitioner on instructions seeks leave

                      to withdraw this petition with liberty to file appeal. Leave granted

                      with liberty as prayed.

                      3.    The petitioner is at liberty to seek benefit of the period of

                      pendency of this petition for seeking condonation of delay in filing

                      the appeal.



                                                                           (GAURI GODSE, J.)




                      AKN                                Page no. 1 of 1

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