High Court allowed a writ petition to quash an order rejecting an application for withdrawal of suit. The court permitted the petitioner to unconditionally withdraw the underlying civil suit and dismissed related proceedings.
Impugned order quashed; Civil Suit dismissed as withdrawn; Writ petition and Civil Application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3913 OF 2009
Smt.Nalini Sujresh Jadhav versus Anandrao Mugutrao Jadhav and others
Petitioner
Respondents
P.J.Shinde for petitioner. R.B.Rane for respondentn no.5.
CORAM : A.S.OKA, J. DATE : 21st April 2010
PC :
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appearing for the fifth respondent states that the application has not been filed in terms of the statement of fifth respondent.
D) In view of withdrawal of the suit, Civil Application No.6776 of 2010 does not survive and the same is disposed of.
(A.S.OKA, J.)
2 issues framed by the court
Whether a petitioner seeking to unconditionally withdraw a civil suit after withdrawal attempt rejection can do so unconditionally.
Whether the impugned order rejecting the petition for withdrawal of suit should be quashed.
1 provisions across 1 enactments
Smt. Nalini Sujresh Jadhav
Anandrao Mugutrao Jadhav
A.S.OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
