Bombay High Court
HIMMATLAL RATANSHI PATELversusMR. SHIVSHANKAR TIHULI SAROJ
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The appeal is withdrawn and disposed of without any consideration of its merits.
Summary
The appellant, Himmatlal Ratanshi Patel, filed an appeal against a trial court order dated 23 February 2024. Counsel for the appellant sought the court's permission to withdraw the appeal. The High Court, after hearing the application, disposed of the appeal as withdrawn. The court expressly noted that it had not examined the merits of the case, and therefore all rights and contentions of the parties remain open. The trial court is directed to decide the suit on its own merits without being influenced by the withdrawn appeal. No substantive findings on the underlying dispute were made.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn at the request of the appellant
- What is the effect of withdrawal of an appeal on the parties' substantive rights and the pending trial court proceedings
Subjects
- appeal withdrawal
- civil procedure
- rights preserved
- trial court jurisdiction
- high court order
Judgment
Digitally signed
by SHAGUFTA
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date:
2026.06.24 26-AO-447-2024.doc
10:46:21 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.447 OF 2024
Himmatlal Ratanshi Patel …Appellant
Versus
Shivshankar Tihuli Saroj ...Respondent
——————
Ms. Henna P. Shah for the Appellant
Mr. Surya Das a/w Mr. Prateek Kharwar i/b Mr. R. R. Sharma for the
Respondent Nos. 1 to 3
Ms. Neeta Jadhav i/b Ms. Komal Punjabi for the Respondent-Corporation
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : JUNE 22, 2026
P. C. :
1. Learned counsel for the Appellant, on instructions, seeks
permission to withdraw the Appeal.
2. The Appeal is disposed of as withdrawn.
3. It is clari/ed that this Court has not gone into the merits of the
matter and hence, all rights and contentions of all parties are expressly
kept open. The Trial Court to decide the suit on its own merits,
unin3uenced by the /ndings in the impugned order dated 23 rd
February 2024.
[SHARMILA U. DESHMUKH, J.]
SQ Pathan 1/1
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