Bombay High Court

SANDU SAKHARAM BHUJANGversusCHANDRAMUNI BHIKAJI MULE AND OTHERS

Disposal: Withdrawn
Bench: SHAILESH P BRAHME

Holding

The court held that an appeal may be withdrawn upon the appellant's request, subject to the court's discretion, and permitted the withdrawal.

Summary

The appellant, Sandu Sakharm Bhujang, filed an appeal against Order No. 4 of 2023 in the Bombay High Court, Aurangabad Bench. During the hearing, counsel for the appellant informed the court that the appellant wished to withdraw the appeal. The court examined whether a pending appeal could be withdrawn at the request of the appellant and whether such withdrawal required the court’s permission. Relying on the procedural provisions governing appeals, the bench held that withdrawal is permissible subject to the court’s discretion. Accordingly, the court allowed the withdrawal and disposed of the appeal as withdrawn.

Issues considered

Whether an appeal pending before the High Court may be withdrawn at the appellant's request and what discretion the court has in permitting such withdrawal

Subjects

withdrawal of appeal
procedural law
High Court
civil procedure
appeal discretion

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

             42 APEAL FROM ORDER NO. 4 OF 2023

               SANDU SAKHARAM BHUJANG
                       VERSUS
          CHANDRAMUNI BHIKAJI MULE AND OTHERS
                                 ...
        Advocate for Appellant : Mr. Jadhavar Shivprasad G.
        Advocate for Respondent No.1 : Mr. Mahesh P. Kale.
     Advocate for Respondent Nos.3 to 7 : Mr. Chavan Sudhir K.
                                 ...

                          CORAM :      SHAILESH P. BRAHME, J.
                          DATE :       13.01.2026
PER COURT :-


1.      Learned counsel for the appellant informs this Court that

he has received instructions to withdraw the appeal from order.


2.      Appeal is permitted to be withdrawn.


3.      Appeal from order is disposed of as withdrawn.




                                      (SHAILESH P. BRAHME, J.)

                                ...

vmk/-

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