Bombay High Court

VIMALBAI LAXMAN PATILversusLAXMAN SHENPADU PATIL

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The petition is disposed of as withdrawn with liberty to file appropriate proceedings.

Summary

The petitioner, Vimalbai, filed a writ petition before the Bombay High Court, Aurangabad Bench. The respondent, Laxman, objected to the maintainability of the petition. In response, the petitioner sought leave from the Court to withdraw the petition while retaining the liberty to initiate appropriate proceedings later. The learned judge considered the request and granted leave for withdrawal. Consequently, the writ petition was disposed of as withdrawn. The Court's order emphasized that the petitioner may file fresh proceedings if deemed necessary.

Issues considered

Whether the writ petition is maintainable
Whether the petitioner may be permitted to withdraw the petition with liberty to file fresh proceedings

Subjects

writ petition
withdrawal
maintainability
civil procedure

Judgment

2026:BHC-AUG:31133



                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                BENCH AT AURANGABAD


                              WRIT PETITION NO.8511 OF 2013


            Vimalbai w/o Laxman Patil                … PETITIONER
                     VERSUS
            Laxman s/o Shenpadu Patil                … RESPONDENT
                                             .......
            Mr. Ujwal S. Patil, Advocate for petitioner
            Mr. N.E. Deshmukh, Advocate for respondent
                                             ....…

                                   CORAM : SACHIN S. DESHMUKH, J.
                                   DATE      : 27th JULY, 2026

            PER COURT :


                        Mr. N.E. Deshmukh, learned counsel for the respondent
            has raised an objection about maintainability of the petition. When
            confronted with the same, Mr. Ujwal Patil, learned counsel for the
            petitioner, on instructions, seeks leave to withdraw the petition with
            liberty to file appropriate proceedings. Leave granted. Writ Petition
            stands disposed of as withdrawn with the aforesaid liberty.



                                               (SACHIN S. DESHMUKH, J.)


            fmp/-

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