Bombay High Court

SHIVAJI NAGNATH KOSHTIversusUTTAM NAGNATH KOSHTI

Disposal: DISPOSED OFF

Holding

The Court held that a writ petition may be withdrawn, and upon withdrawal it is dismissed as withdrawn, with the time spent considered for condonation of delay.

Summary

Shivaji Nagnath Koshti filed a writ petition before the Bombay High Court, Aurangabad Bench, against Uttam Nagnath Koshti. The petitioner, through counsel Mr. S. Y. Mahajan, sought liberty to withdraw the petition in order to pursue an appropriate remedy under the law. The Court considered whether a writ petition could be withdrawn at the petitioner’s request. It granted the liberty, dismissed the petition as withdrawn, and directed that the time spent in prosecuting the petition may be taken into account for any future application for condonation of delay. The Court further noted that all contentions of the parties remain open and disposed of the writ petition. The final order was that the petition is disposed of as withdrawn.

Issues considered

Whether a writ petition may be withdrawn by the petitioner at any stage of the proceedings
Whether the time spent in prosecuting a withdrawn petition can be considered for condonation of delay in subsequent applications

Subjects

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

Judgment

2026:BHC-AUG:38960



                                                                       71 WP No.9948.2014
                                                -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            WRIT PETITION NO. 9948 OF 2014

                                     SHIVAJI NAGNATH KOSHTI
                                             VERSUS
                                     UTTAM NAGNATH KOSHTI

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

                                               ***

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

              PER COURT :-


              1.         Mr. Mahajan, the learned counsel for the petitioner,

              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.
                                                    71 WP No.9948.2014
                                 -2-

5.            With the aforesaid liberty and directions, the writ

petition is disposed of.



                                       (SACHIN S. DESHMUKH, J.)



Omkar Joshi

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