Bombay High Court

ANIL DAGDU PHALEversusDNYANDEV DATTATRAY PATIL

Decided: 7 July 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The petition may be withdrawn as prayed, with liberty to file an appropriate application before the trial court.

Summary

Anil Dagdu Phale filed Writ Petition No. 8279 of 2026 in the Bombay High Court against Dnyandev Dattatray Patil. The petitioner's counsel, Ketan A. Dhavle, sought leave of the Court to withdraw the petition and to be permitted to file a suitable application before the trial court. The Court examined whether such a withdrawal could be allowed with liberty to pursue the matter later. It held that the petition could be withdrawn as prayed, subject to the liberty to file an appropriate application later. Consequently, the petition was dismissed as withdrawn, and the Court directed that any future application be heard in accordance with the law and the developments in related criminal proceedings.

Issues considered

Whether a writ petition may be withdrawn with liberty to file a fresh application before the trial court

Subjects

petition withdrawal
writ petition
Civil Appellate Jurisdiction
Bombay High Court
liberty to file application

Judgment

                                                                          39-WP-8279-2026.DOC



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO. 8279 OF 2026


                      Anil Dagdu Phale                                               ..Petitioner
                            Versus
                      Dnyandev Dattatray Patil                                     …Respondent

                      Mr. Ketan A Dhavle, for the Petitioner.
ARUN
RAMCHANDRA                                          CORAM:         N. J. JAMADAR, J.
SANKPAL
Digitally signed by
ARUN RAMCHANDRA
                                                    DATE :         7th JULY 2026
SANKPAL
Date: 2026.07.08
19:19:03 +0530
                      P.C.:

                      1.      Heard the learned Counsel for the Petitioner.

                      2.      The learned Counsel for the Petitioner on instructions seeks leave

                      to withdraw the Petition with liberty to file an appropriate Application

                      before the trial Court.

                      3.      The Petition stands dismissed as withdrawn with liberty as prayed

                      for.

                      4.      In the event, such an Application is filed, the learned Judge is

                      requested to hear and decide the said Application in accordance with

                      the law, having regard to the developments which have taken place in

                      the intervening period, including the orders passed in the criminal

                      proceedings which according to the Petitioner arose out of the same

                      transaction.

                                                                     [N. J. JAMADAR, J.]


                      ARS                                    1/1

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