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Bombay High Court

ALKA PITAMBARSING RAJPUT THR. POA SAMSHER P RAJPUT AND ORS.versusDROPADABAI NANA HONMANE THR. POA ASHOK NANA HONMANE

Disposal
Disposed off as Withdrawn

Holding

The court granted leave to withdraw the appeal and permitted the appellant to file a fresh petition.

Summary

The appellants, Alka Pitambarsing Rajput and others, filed an appeal against the order dated 2026. The appellant's counsel, Mr. Niranjan Bhavake (through V.C.) with Mr. Sandeep Deshpande, sought the court's permission to withdraw the appeal and to file a fresh petition. The court considered whether it could grant such leave. It held that the appellant could be allowed to withdraw the appeal and proceed with a fresh petition. Accordingly, the court granted the prayer, permitting the withdrawal of the appeal and disposing of the appeal as withdrawn.

Issues considered

  • Whether the court may grant leave to withdraw an appeal and allow the filing of a fresh petition

Subjects

  • withdrawal of appeal
  • fresh petition
  • civil appellate jurisdiction
  • permission to withdraw

Judgment

                                                                                        29-AO-18-2026 (C).doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIRCUIT BENCH AT KOLHAPUR
                                             CIVIL APPELLATE JURISDICTION

                                            APPEAL FROM ORDER NO. 18 OF 2026

                        Alka Pitambarsing Rajput and others         ]   Appellants
                              Vs.
                        Dropadabai Nana Honmane                     ]
                        through Power of Attorney                   ]
                        Ashok Nana Honmane                          ]   Respondent
                                                         …..
                        Mr. Niranjan Bhavake (through V.C.) a/w Mr. Sandeep Deshpande i/b
           Digitally
                        Bhavake And Associate, Advocate for Appellant.
           signed by
           SHAILAJA                                      …..
SHAILAJA   SHRIKANT
SHRIKANT   HALKUDE
HALKUDE    Date:
           2026.06.24
           13:00:49
           +0530                                                 CORAM: SANDESH D. PATIL, J.
                                                                 DATED: 22nd JUNE 2026.
                        P. C. :

                        1.           Mr. Bhavake, learned counsel appearing for the appellant, on
                        instructions, seeks permission of this Court to withdraw the Appeal
                        from Order with liberty to file a fresh petition.


                        2.           Leave as prayed for is granted. Appeal from Order is permitted
                        to be withdrawn with liberty as prayed for.


                        3.         Appeal from Order stands disposed of as withdrawn.




                                                                            [SANDESH D. PATIL, J.]




                        Shailaja                             1


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