Bombay High Court
MR. RAFIQUE AHMED S/O.GULAM JILANIversusMR. SHAFIQUE AHMED S/O. GULAM JILANI
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The appeal was withdrawn, and all pending interim applications were disposed of with any interim orders vacated.
Summary
The appellant, Mr. Rafique Ahmed, filed an appeal against an order dated 2024‑287. During the hearing, the appellant’s counsel, Mr. S. P. Shrivastava, sought the Court’s permission to withdraw the appeal on his client’s instructions. The Court, after noting its reluctance to entertain the appeal, granted leave to withdraw. Consequently, the appeal was disposed of as withdrawn and all pending interim applications filed in the appeal were also dismissed. Any interim orders that had been passed in the proceedings were vacated.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn at the stage of hearing
- Effect of withdrawal of an appeal on pending interim applications and interim orders
Subjects
- appeal withdrawal
- interim application
- vacated order
- high court procedure
Judgment
54. AO/287/2024
Mr. Rafique vs. Mr. Shafique
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 287 OF 2024
Digitally signed
by JYOTI
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.03.25
19:01:17 +0530
Mr. Rafique Ahmed S/O. Gulam Jilani .. Appellant
V/s.
Mr. Shafique Ahmed S/O. Gulam Jilani
(Since Deceased) thr. LRs. .. Respondents
WITH
INTERIM APPLICATION NO. 7450 OF 2024
IN
APPEAL FROM ORDER NO. 287 OF 2024
______________________________________
Mr. S. P. Shrivastava for Appellant.
Mr. Reyden L. Gonsalves i/b Ms. Eventa A. Gonsalves for Respondents
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 24th MARCH 2026
P.C.:
1. After the matter was argued at some length, and this Court
expressed its disinclination to entertain the Appeal, Mr. S. P. Shrivastava,
learned Counsel who appears on behalf of the Appellant, on instructions of
his client who is present in Court today, seeks leave to withdraw the present
Appeal from Order.
2. Accordingly, the Appeal from Order is disposed of as withdrawn.
3. All pending Interim Applications taken out in the present Appeal
Page 1 of 2
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Order dated 24th March 2026
54. AO/287/2024
Mr. Rafique vs. Mr. Shafique
from Order, if any, also stand disposed of in terms of this order, and all
interim orders passed therein, if any, shall stand vacated.
( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil
Page 2 of 2
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Order dated 24th March 2026
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