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
- Bench
- MILIND N JADHAV
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The appeal and the interim application are disposed as the plaintiff has unconditionally withdrawn the suit.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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