Bombay High Court Allows Withdrawal of Civil Revision Application in Wakf Tribunal Matter — Application Disposed of as Withdrawn. The Court directed the Wakf Tribunal to decide all issues raised by the parties without being influenced by the withdrawal.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

This is a brief order from the Bombay High Court, Bench at Aurangabad, in Misc. Civil Application No.12 of 2009. The applicant, through counsel Mr. G. D. Shaikh holding for Mr. Mohammad Imran Ahmed, sought withdrawal of the civil revision application. The respondent no.3 was represented by Mr. J. R. Shaikh. The Court, presided by Justice K.U. Chandiwall, heard the counsel and permitted the withdrawal. Consequently, the civil revision application was disposed of as withdrawn. The Court further directed that the learned Presiding Officer of the Wakf Tribunal shall decide all the issues raised by the respective parties. No other issues were considered or decided on merits.

Headnote

A) Civil Procedure - Withdrawal of Application - Disposal as Withdrawn - The applicant sought withdrawal of the civil revision application before the High Court. The Court permitted the withdrawal and disposed of the application as withdrawn, directing the Wakf Tribunal to decide all issues raised by the parties. (Paras 1-2)

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Issue of Consideration

Whether the civil revision application should be allowed to be withdrawn

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Final Decision

The civil revision application is disposed of as withdrawn. The learned Presiding Officer of the Wakf Tribunal shall decide all the issues raised by the respective parties.

Law Points

  • Withdrawal of civil revision application
  • Disposal without adjudication on merits
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Case Details

2010 LawText (BOM) (01) 235

MISC. CIVIL APPLICATION NO.12 OF 2009

2010-01-18

K.U. CHANDIWAL

Mr. G. D. Shaikh (holding for Mr. Mohammad Imran Ahmed) for applicant, Mr. J. R. Shaikh for respondent no.3

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Nature of Litigation

Civil revision application before the High Court arising from proceedings before the Wakf Tribunal

Remedy Sought

Withdrawal of the civil revision application by the applicant

Issues

Whether the civil revision application should be allowed to be withdrawn

Submissions/Arguments

Counsel for applicant sought withdrawal of civil revision application on instructions

Ratio Decidendi

A party is entitled to withdraw a civil revision application, and upon such withdrawal, the application is disposed of without adjudication on merits, leaving the tribunal to decide the issues afresh.

Judgment Excerpts

Heard the learned Counsel on instructions seeks withdrawal of civil revision application. The civil revision application is disposed of as withdrawn. Needless to add, the learned Presiding Officer, Wakf Tribunal shall decide all the issues raised by the respective parties.

Procedural History

The matter came before the High Court as a civil revision application. On the date of hearing, the applicant sought withdrawal of the application. The Court allowed the withdrawal and disposed of the application.

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