Bombay High Court

TRAMBAK RAGHO PATIL LRS PANDIT AND OTHERSversusDAULAT RAGHO PATIL LRS PARVATABAI AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The writ petition is dismissed as withdrawn.

Summary

The petitioners filed a writ petition (No. 8802 of 2015) before the Bombay High Court, Aurangabad Bench, seeking relief against the respondents. During the proceedings, counsel for the petitioners, Mr. M. M. Bhokarikar, applied for liberty to withdraw the petition in order to pursue an alternative remedy. The Court considered whether a petition may be withdrawn at the petitioner's request and whether any procedural consequences, such as condonation of delay, should be taken into account. The Court granted the liberty to withdraw, dismissed the writ petition as withdrawn, and directed that the time spent on the petition be considered for any future condonation of delay applications. It further noted that all contentions of the parties remain open for consideration in any subsequent proceedings, and the petition was consequently disposed of.

Issues considered

Whether a writ petition may be withdrawn at the instance of the petitioner and what procedural implications arise from such withdrawal

Subjects

writ petition
withdrawal
condonation of delay
civil procedure

Judgment

2026:BHC-AUG:34991



                                                                       45 WP No.8802.2015
                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               WRIT PETITION NO. 8802 OF 2015

                      TRAMBAK RAGHO PATIL LRS PANDIT AND OTHERS
                                        VERSUS
                     DAULAT RAGHO PATIL LRS PARVATABAI AND OTHERS
                                                ***
              Advocate for the Petitioners : Mr. M. M. Bhokarikar
              Advocate for Respondents : Mr. L. V. Sangeet
                                                ***

                                CORAM : SACHIN S. DESHMUKH, J.
                                   Date : 11th August, 2026

              PER COURT :-


              1.           Mr. Bhokarikar, the learned counsel for the petitioners,

              seeks liberty to withdraw this petition to avail the appropriate

              remedy available under the law.


              2.           Accordingly,   the   writ   petition   is   dismissed      as

              withdrawn.


              3.           The concerned authority may take into account the

              time spent in prosecuting the present petition while considering

              application for condonation of delay.


              4.           Needless to state that all the contentions of litigating

              sides are kept open.
                                                     45 WP No.8802.2015
                                 -2-

5.            With the aforesaid liberty and directions, the writ

petition is disposed of.



                                       (SACHIN S. DESHMUKH, J.)



Omkar Joshi

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