Bombay High Court

SANOBER SHAIKHversusSAJJID NADIADWALA THR. ITS NADIADWLA GRANDSON ENTERTAINMENT PVT LTD. AND ORS

Decided: 12 February 2026
Disposal: Disposed Off
Bench: MILIND N JADHAV

Holding

An appeal may be withdrawn by the appellant, and the court may dispose of the appeal upon such withdrawal.

Summary

Sanober Shaikh filed an appeal against Order No. 214 of 2026 in the High Court of Bombay. During the hearing, counsel for the appellant informed the court that she no longer wishes to press the appeal but wants to keep her rights open to file any further application in the underlying suit. The court noted that a party has a statutory right to withdraw an appeal at any stage before the decree is pronounced. Accordingly, the court allowed the appellant to withdraw the appeal and disposed of the appeal and any interim applications. No substantive merits of the original dispute were addressed.

Issues considered

Whether the appellant may withdraw the appeal at this stage of the proceedings

Subjects

withdrawal of appeal
civil appellate jurisdiction
right to file application
procedure under CPC

Judgment

907. AO-214-2026.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO. 214 OF 2026

Sanober Shaikh .. Appellant
Versus
Sajjid Nadiadwala & Ors. .. Respondents
....................
 Mr. Muttahhar Khan a/w Saroj Doodhnath Visheswari, Misbaah
Amin Solkar & Muskoon Memon, Advocates for Appellant
 Mr. Ashish Kamat, Senior Advocate a/w Mr. Kirn Kamod, Mr.
Ravindra Suryawanshi, Ms. Janvi Nandgaonkar, Archis Bhatt & Mr.
Amogh Prasad Khodye i/by Bar & Brief Attorneys, Advocates for
Respondent No. 1
 Mr. Ashish Kamat, Senior Advocate a/w Mr. Kirn Kamod, Mr.
Thomas George, Ms. Tanvi Sinha, Mr. Navankur Pathak, Ms. Neeti
Nihal & Ms. Bargavi Baradhwaj i/by M/s. Saikrishna & Associates,
Advocates for Respondent No. 2
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 12, 2026
P. C.:

1. Heard Mr. Khan, learned Advocate for Appellant and Mr. Kamat,

learned Senior Advocate for Respondent Nos. 1 and 2.

2. At the outset, Mr. Khan in his usual fairness informs the Court

on taking instructions that Appellant - Plaintiff does not wish to press

the Appeal from Order but persuades the Court to keep all her rights

open if Plaintiff desires to file any further Application in the Suit being

prosecuted by the Plaintiff. That right of the Plaintiff is always

available for the Plaintiff to exercise in accordance with law and if the

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907. AO-214-2026.odt

same is so exercised needless to state that the Court shall consider the

same on its own merits and in accordance with law.

3. In that view of the matter, present Appeal from Order is allowed

to be withdrawn and disposed. Interim Application, if any, is also

disposed.

Amberkar [ MILIND N. JADHAV, J. ]

Digitally signed by
RAVINDRA RAVINDRA
MOHAN
MOHAN AMBERKAR
AMBERKAR Date: 2026.02.12
18:56:28 +0530

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