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Bombay High Court

BRAHMAJYOTI B-WING MIRANI TENANTS ASSOCIATION (PROPOSEDversusMUNICIPAL CORPORATION FOR GREATER MUMBAI

Decided
Disposal
Disposed Off

Holding

The appeal was dismissed as withdrawn.

Summary

The appellant, Brahmjyoti B‑Wing Mirani Tenants Association (Proposed), filed an appeal against orders of the Municipal Corporation of Greater Mumbai. The appellant's counsel sought leave to withdraw the appeal. The Court granted the request and dismissed the appeal as withdrawn. Consequently, all pending interim applications were also disposed of. No substantive merits of the original dispute were addressed.

Issues considered

  • Whether an appeal may be withdrawn at the stage before adjudication

Subjects

  • withdrawal of appeal
  • dismissal of appeal
  • interim applications
  • civil procedure

Judgment

                                                                           39-asao-491-2024.doc

                      Sumedh

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                   APPEAL FROM ORDER NO.491 OF 2024

                      Brahmjyoti B-Wing Mirani Tenants
                      Association (Proposed)                           ... Appellant
                           V/s.
                      Municipla Corporation of Greater Mumbai
                      Thr. Asst. Municipal Commissioner                ... Respondent

                                                 WITH
                                  INTERIM APPLICATION NO.10059 OF 2024
                                                  IN
                                    APPEAL FROM ORDER NO.491 OF 2024
                                                 WITH
                                  INTERIM APPLICATION NO.10060 OF 2024
                                                 WITH
                                    APPEAL FROM ORDER NO.494 OF 2024
                                                 WITH
                                  INTERIM APPLICATION NO.10104 OF 2024
                                                 WITH
                                  INTERIM APPLICATION NO.10106 OF 2024
                                                  IN
                                    APPEAL FROM ORDER NO.494 OF 2024
                                                 WITH
                                     APPEAL FROM ORDER 493 OF 2024
                                                 WITH
                                  INTERIM APPLICATION NO.10066 OF 2024
                                                 WITH
                                  INTERIM APPLICATION NO.10065 OF 2024
                                                  IN
                                    APPEAL FROM ORDER NO.493 OF 2024

                                            _______________________

                      Mr. Anand Mishra i/by Adv. A.M. Saraogi for the Appellant.
                                                 _______________________

                                                    CORAM : KAMAL KHATA, J.

                                                    DATED : 28TH JANUARY 2026.

         Digitally
                                                    1/2
         signed by
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.01.30
         12:55:26
         +0530
                                                         39-asao-491-2024.doc



P.C. :

1.       Mentioned out of turn.

2.       The Advocate for the Appellant seeks leave to withdraw the

Appeal.

3.       Appeal is accordingly dismissed as withdrawn.

4.       In view of the dismissal of the Appeal, all Interim

Applications, if any, also stands disposed of.



                                                 (KAMAL KHATA, J.)




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