1. Heard Ms. Bhavika Kotecha, learned advocate for the applicant.
2. The applicant of present application is not party to the proceedings of Special Civil Application No.8562 of 2004.
3. Though the applicant is not party to the proceeding, the applicant has taken out present petition, seeking below mentioned relief:
"9(B) Your Lordships may be pleased to grant the liberty to the applicant for the withdrawal of the SPECIAL CIVIL APPLICATION NO.8562 OF 2004 in the interest of justice."
4. Learned advocate for the applicant has submitted that the present applicant is purchaser of the property in question (for which the writ petition being Special Civil Application No.8562 of 2004 is taken out).
5. However, the applicant is not a party to the said Special Civil application No.8562 of 2004 and until now the applicant has not taken out any application seeking permission/order for being impleaded as party to the proceedings of Special Civil Application No.8562 of 2004.
6. Therefore, so long as the applicant is not party to the proceedings in Special Civil Application No.8562 of 2004, the applicant has no right in law to request for permission to withdraw the petition. The applicant cannot withdraw petition filed by someone else. The application is, therefor, rejected.
(K.M.
Thaker, J.) Bharat* Top