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Bombay High CourtWP/605/2026allowed to be withdrawn

Shehzad Hemani v. Nadia Rashid

2026-01-22Hon'Ble Shri Justice Madhav J. Jamdar2 pages

02-WP-605-2026.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.605 OF 2026 Shehzad Hemani

...Petitioner

Versus

Nadia Rashid

...Respondent

_______________________________________________________________ Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2026.01.22 20:16:38 +0530 ARJUN VITTHAL KUDHEKAR Ms. Rajvi Mehta a/w Devam Singh i/b Vashi & Vashi, for the Petitioner. Ms. Aditi Uniyal h/f Veena Gowda, for the Respondent. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 22 JANUARY 2026 P.C.:

1.

By the present Writ Petition filed under Article 227 of the Constitution of India, the Petitioner has challenged the legality and validity of the Order dated 22nd December 2025 passed by the learned Principal Judge, Family Court, Mumbai in Civil M. A. No.96 of 2025. 2.

This Court by Order dated 13th January 2026 has directed the Registry to submit Report whether this Writ Petition pertains to the assignment of this Court and accordingly, Registry has submitted a Report dated 19th January 2026, stating that as the impugned Order is not interlocutory, an Appeal would lie before the High Court and not the Writ Petition.

3.

In view of the said Report dated 19th January 2026 of the Assistant Registrar, Civil Writ Petition Department, Ms. Rajvi Mehta,

02-WP-605-2026.doc learned Counsel appearing for the Petitioner, seeks withdrawal of the Writ Petition with liberty to file appropriate proceedings. 4.

Accordingly, the Writ Petition is allowed to be withdrawn and disposed of with liberty as sought.

5.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.]