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Bombay High Court

M/S ARIHANT ASSOCIATES THR POA MR. CHANDRAKANT JIVRAJ PAGARIYA AND ORS.versusMR. IMRAN ILHI NADAF AND ORS.

Decided
Disposal
Disposed Off

Holding

The appeal and the interim application are disposed as the plaintiff has unconditionally withdrawn the suit.

Summary

The respondents, who were plaintiffs in Special Civil Suit No. 2160 of 2024, agreed to withdraw the suit unconditionally. Upon receiving this instruction, the High Court noted the withdrawal and ordered that the appeal filed by the appellants (M/s. Arihant Associates & Ors.) from Order No. 204 of 2026 be disposed. The court also disposed the related interim application No. 1054 of 2026 and all interlocutory applications pending in the suit. The order directed that a copy be placed before the District Court, Pune for compliance. Consequently, the litigation was terminated without further hearing.

Issues considered

  • Whether an appeal can be dismissed when the plaintiff unconditionally withdraws the underlying suit

Subjects

  • withdrawal of suit
  • appeal disposal
  • Civil Procedure Code
  • special civil suit
  • interlocutory applications

Judgment

                                                                               905. AO-204-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION


                            APPEAL FROM ORDER NO. 204 OF 2026
                                          WITH
                           INTERIM APPLICATION NO. 1054 OF 2026

           M/s. Arihant Associates & Ors.                                Appellants
                                                                      .. (Org. Defendant Nos. 1 to 6)
                       Versus
           Imran Ilahi Nadaf & Ors.                                   .. Respondents
                                       ....................
            Mr. Pratap Patil, Advocate for Appellants
            Mr. Anurag R. Mishra i/by Mr. Peeyush Rathi, Advocates for
             Respondent No. 1
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : FEBRUARY 12, 2026
           P. C.:

           1.       Heard Mr. Patil, learned Advocate for Appellants and Mr.

           Mishra, learned Advocate for Respondent No. 1.

           2.       According to the instructions received by Mr. Mishra from

           Advocate on record Mr. Rathi who is appearing for Respondent No. 1

           (Plaintiff before the Trial Court) has agreed to withdraw Special Civil

           Suit No. 2160 of 2024 unconditionally.                On noting this statement,

           Appeal from Order stands disposed. Interim Application No. 1054 of

           2016 stands disposed.

           3.       Special Civil Suit No. 2160 of 2024 along with all interlocutory

           Applications are also disposed.




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                                                                             905. AO-204-26.odt


                4.            Copy of this order shall be placed before the learned District

                Court, Pune for appropriate compliance.




Amberkar                                                   [ MILIND N. JADHAV, J. ]



                        Digitally signed
           RAVINDRA by RAVINDRA
                    MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date: 2026.02.12
                        18:59:18 +0530




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