Gagnadhar Krushna Mhatre through Poa holder Nishikant Mhatre v. Dayaram Damodar Patil
Case brief
What is this about?
Writ Petition No. 17197 of 2025, High Court of Judicature at Bombay (Civil Appellate Jurisdiction), oral order dated 23 December 2025 by N. J. Jamadar, J. Petitioner: Gangadhar Krushna Mhatre through POA holder Nishikant Mhatre (advocate: Manoj G Sawardekar); Respondent: Dayaram Damodar Patil. Subject: Civil Judge's rejection of application for withdrawal of suit with liberty to file a fresh suit on the same cause of action; application held vague and lacking particulars of formal defect or other like cause. Outcome: petition disposed with liberty to file a fresh application with necessary particulars, to be decided by the Civil Judge on its own merits and in accordance with law. No monetary quantum; no statutes or precedents cited.
What did the court decide?
Liberty to file a fresh application for withdrawal of the suit with liberty to institute a fresh suit on the same cause of action, with necessary particulars; the learned Civil Judge to decide such application on its own merits and in accordance with law.