Bombay High Court

MR. RAJENDRA VITTHAL MISTRY @ MEWADAversusSHRI. DHONDU GOVIND SURVE (SINCE DECD.) THROUGH LRS. AND ANR.

Decided: 18 September 2026
Disposal: Disposed off as Withdrawn

Holding

A petitioner may be permitted to withdraw a writ petition, and the Court may grant leave to do so, resulting in the petition’s disposal.

Summary

The petitioner, Swapnil Rajendra Vitthal Mistry, filed Writ Petition No. 8609 of 2018 in the High Court of Bombay. After the petition was listed, the petitioner, through counsel, applied for leave to withdraw the writ petition. The Court considered the application and exercised its inherent jurisdiction to permit withdrawal of a petition where no prejudice is caused to the respondents. The Court found no impediment to granting the withdrawal and therefore granted leave to the petitioner. Consequently, the writ petition was formally disposed of as withdrawn. No substantive merits of the original petition were adjudicated.

Issues considered

Whether a petitioner may be allowed to withdraw a writ petition after it has been filed and listed before the High Court

Subjects

withdrawal of writ petition
high court
civil appellate jurisdiction
petition disposal
inherent jurisdiction

Judgment

2026:BHC-AS:38162

                                                                7-WP-8609-2018.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                             WRIT PETITION NO. 8609 OF 2018
   Swapnil
               Rajendra Vitthal Mistry @ Mewada.                …Petitioner
                    Vs.
               Dhondu Govind Surve (since Decd.)
               Through Lrs. and Anr.                            …Respondents


               Ms. Neha M. Zanje i/b. Mr. Suresh M. Sabrad for the
               petitioner.

                                       CORAM : GAURI GODSE, J.

                                       DATE :      18th SEPTEMBER 2026

               ORDER :


               1.    Learned counsel for the petitioner, on instructions,

               seeks leave to withdraw the writ petition.


               2.    Leave granted.


               3.    The writ petition is disposed of as withdrawn.




                                                            [GAURI GODSE, J.]




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