Bombay High Court

DIGAMBAR SAKHARAMPANT KHOBARE AND OTHERSversusSK.JAINUDDIN SK.SUJAUDDIN AND ANOTHER

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as withdrawn.

Summary

The petitioners filed a writ petition and later, through their counsel Mr. S. Y. Mahajan, sought liberty to withdraw the petition to pursue an appropriate remedy. The High Court, after hearing the request, allowed the withdrawal and dismissed the writ petition as withdrawn. The Court directed the concerned authority to consider the time spent in prosecuting the petition when evaluating any application for condonation of delay. It also noted that all contentions of the parties remain open for future consideration. Consequently, the writ petition was disposed of.

Issues considered

Whether a writ petition may be withdrawn at the request of the petitioners
Effect of withdrawal on pending applications for condonation of delay

Subjects

withdrawal of writ petition
condonation of delay
petition dismissed
high court procedure

Judgment

2026:BHC-AUG:38959



                                                                       69 WP No.9687.2014
                                                -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            WRIT PETITION NO. 9687 OF 2014

                     DIGAMBAR SAKHARAMPANT KHOBARE AND OTHERS
                                        VERSUS
                        SK.JAINUDDIN SK.SUJAUDDIN AND ANOTHER

                                               ***
              Advocate for the Petitioners : Mr. S. Y. Mahajan

                                               ***

                               CORAM : SACHIN S. DESHMUKH, J.
                                  Date : 28th August, 2026

              PER COURT :-


              1.         Mr. Mahajan, 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              withdrawn.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.
                                                    69 WP No.9687.2014
                                 -2-

5.            With the aforesaid liberty and directions, the writ

petition is disposed of.



                                       (SACHIN S. DESHMUKH, J.)



Omkar Joshi

Continue reading with your account

Checking your session…