Bombay High Court

JAYASHREE MONIL SHAH (JAYASHREE LAXMAN NIKAMBE)versusMONIL DEEPAK SHAH

Decided: 21 August 2026
Disposal: Disposed Off

Holding

The Court allowed the petitioner to withdraw the writ petition with liberty to keep all contentions, restore evidence, and proceed to trial, and dismissed the petition.

Summary

The petitioner, Jayashree Monil Shah, filed a writ petition seeking relief and later applied to withdraw the petition while retaining all of her contentions, restoring her evidence, and being allowed to testify with the respondent cross‑examining. The respondent, Vaishali Anil Tikam, opposed the application. The Court considered the submissions of both parties and granted the petitioner leave to withdraw the petition with the specified liberties. Consequently, the petition was dismissed and disposed of. The Court directed the trial court to expedite the matter.

Issues considered

Whether a petitioner may withdraw a writ petition while preserving all contentions and restoring evidence for trial

Subjects

withdrawal of petition
writ petition
procedural law
evidence restoration
trial court expeditious disposal

Judgment

                                                                               7-WP-8346-2026 (C).doc

                   Tikam

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO. 8346 OF 2026

                       Jayashree Monil Shah (jayashree Laxman Nikambe)  ...Petitioner/s
                       Versus
VAISHALI
ANIL                   Monil Deepak Shah                                ...Respondent/s
TIKAM                  _________________________________________________________________

Digitally signed
                       Mr. Anurag R. Mishra i/by Adwait Bhonde, Advocate for Petitioner.
by VAISHALI            Mr. Abhijit Sarwate, Advocate for Respondent.
ANIL TIKAM
Date:                  _________________________________________________________________
2026.08.25
11:33:57 +0530
                                                           CORAM        :   SHIVKUMAR DIGE, J.
                                                           DATE         :   21st AUGUST, 2026.
                       P.C. :

                       1.         Heard learned counsel for the Petitioner and learned counsel for

                       Respondent.

                       2.         Learned counsel for the Petitioner seeks leave to withdraw this

                       petition with liberty to keep all the contentions of the Petitioner open and

                       the Petitioner’s evidence be restored, Petitioner be permitted to enter into

                       witness box and Respondent be permitted to cross examine the Petitioner.

                       3.         Considering the submissions of the Petitioner, leave granted to

                       withdraw the Petition with aforesaid liberty.

                       4.         Petition is dismissed and disposed of accordingly.

                       5.         The Trial Court shall expedite the matter.



                                                                      (SHIVKUMAR DIGE, J.)




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