Case Note & Summary
The petitioner, Smt. Munir Begum Sailani Patel, filed a writ petition before the Bombay High Court, Aurangabad Bench, against Janaknath Baburao Kalamkar. The nature of the dispute is not detailed in the judgment. On the date of hearing, the counsel for the petitioner submitted on instructions that the petitioner desired to withdraw the petition. The court, considering the submission, disposed of the petition as withdrawn and discharged the rule. No reasons or merits were discussed. The judgment is brief and solely records the withdrawal.
Headnote
A) Civil Procedure - Withdrawal of Petition - Disposal as Withdrawn - The petitioner sought to withdraw the writ petition and the court permitted the same, disposing the petition as withdrawn without any adjudication on merits. (Paras 1-2)
Issue of Consideration
Whether the petitioner should be permitted to withdraw the writ petition.
Final Decision
The petition is disposed of as withdrawn. Rule is discharged.
Law Points
- Withdrawal of petition
- Disposal as withdrawn
Case Details
2017 LawText (BOM) (08) 5
Writ Petition No. 3672 of 2002
Smt. Munir Begum Sailani Patel
Janaknath Baburao Kalamkar
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Nature of Litigation
Writ petition (nature of dispute not specified)
Remedy Sought
Petitioner sought to withdraw the petition
Issues
Whether the petitioner should be permitted to withdraw the writ petition.
Submissions/Arguments
Counsel for petitioner submitted on instructions that petitioner desires to withdraw the petition.
Ratio Decidendi
A petitioner is entitled to withdraw a petition at any stage, and the court may permit such withdrawal without adjudicating on merits.
Judgment Excerpts
Learned counsel for the petitioner submits on instructions that the petitioner desires to withdraw this petition.
Considering the above, this petition is disposed of as withdrawn. Rule is discharged.
Procedural History
The writ petition was filed in 2002. On 01 August 2017, the petitioner sought withdrawal and the court disposed it as withdrawn.
