Case Note & Summary
The petitioners, Siesta Industrial & Trading Corporation, M/s JAJ Creations Impex Pvt. Ltd., and Paresh P. Parekh, filed a writ petition before the Bombay High Court challenging a notice issued by the Municipal Corporation of Greater Mumbai and the Designated Municipal Officer, L Ward, Kurla (West). The notice pertained to alleged unauthorized construction or demolition action. During the hearing, the petitioners sought permission to withdraw the petition with liberty to file a fresh petition. The court, noting that no adjudication on merits had taken place, allowed the withdrawal and granted liberty to file a fresh petition. The court did not express any opinion on the merits of the case and directed that the petitioners' rights to file a fresh petition are reserved. The interim application (L) No. 5806 of 2026 was also disposed of as infructuous.
Headnote
A) Civil Procedure - Withdrawal of Petition - Liberty to File Fresh Petition - Petitioners sought to withdraw writ petition challenging demolition notice issued by Municipal Corporation - Court permitted withdrawal with liberty to file fresh petition, as no adjudication on merits had taken place - Held that petitioners are at liberty to file a fresh petition with proper pleadings and grounds (Paras 1-3).
Issue of Consideration
Whether the petitioners should be permitted to withdraw the writ petition with liberty to file a fresh petition challenging the impugned notice issued by the Municipal Corporation of Greater Mumbai.
Final Decision
The court allowed the writ petition to be withdrawn with liberty to file a fresh petition. The interim application (L) No. 5806 of 2026 was disposed of as infructuous. No order as to costs.
Law Points
- Withdrawal of petition with liberty to file fresh petition
- No adjudication on merits
- Right to file fresh petition reserved
