Case Note & Summary
The petitioners, who were the legal representatives of the original judgment-debtor, filed Writ Petition No.13684 of 2018 in the Bombay High Court challenging the execution proceedings arising from a 1993 award of the Cooperative Court. The award directed the predecessor-in-title of the petitioners to hand over vacant possession of the suit premises to respondent no.1. The award was confirmed by the Cooperative Appellate Court, the High Court in a writ petition, and the Letters Patent Appeal. The award was put into execution in Regular Darkhast No.170 of 1993. The petitioners filed the present writ petition in 2018 challenging the execution proceedings. After the petition was fully heard on merits, the learned counsel for the petitioners sought leave to withdraw the petition on instructions. The Court declined the request, noting that the withdrawal was sought only after the conclusion of the hearing and to avoid an impending adverse order. The Court held that permitting withdrawal in such circumstances would amount to an abuse of the process of law and defeat the ends of justice. The Court dismissed the petition with costs of Rs.25,000 to be paid to respondent no.1 within four weeks.
Headnote
A) Civil Procedure - Withdrawal of Petition - Abuse of Process - Section 151 Code of Civil Procedure, 1908 - Court refused permission to withdraw petition where petitioners sought withdrawal only after full hearing and to circumvent an impending adverse order - Held that permitting withdrawal in such circumstances would amount to abuse of process of law and defeat the ends of justice (Paras 2-5).
Issue of Consideration
Whether a petitioner who has fully argued the petition and seeks withdrawal only after the hearing is concluded and to avoid an impending adverse order should be permitted to withdraw the petition.
Final Decision
Petition dismissed with costs of Rs.25,000 to be paid to respondent no.1 within four weeks.
Law Points
- Withdrawal of petition after final hearing to avoid adverse order is abuse of process
- Court may refuse permission to withdraw
- Inherent power to prevent abuse of process
- Section 151 CPC
