Bombay High Court

MRS. HANSABEN MANILAL PANCHALversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY A STATUTORY

Decided: 6 August 2026
Disposal: Disposed off as Withdrawn
Bench: SHARMILA U DESHMUKH

Holding

The appeal is disposed of as withdrawn with liberty to approach MHADA for inclusion in the certified list of tenants.

Summary

The appellant, Mrs. Hansaben Manilal Panchal, filed an appeal against an order of the Maharashtra Housing and Area Development Authority (MHADA) seeking inclusion of her name in the certified list of tenants. The appellant's counsel requested permission to withdraw the appeal and instead approach MHADA directly for the inclusion. The High Court considered whether such a withdrawal with liberty to approach the authority was permissible. The Court held that the appeal could be withdrawn and granted the liberty sought. Consequently, the appeal was disposed of as withdrawn, and MHADA was directed to consider any future application on its merits and in accordance with law.

Issues considered

Whether the appellant may withdraw the appeal and be granted liberty to approach MHADA for inclusion in the certified list of tenants?

Subjects

withdrawal of appeal
tenancy
MHADA
certified list of tenants
civil procedure

Judgment

2026:BHC-AS:32464

                                                                           2 AO-728-2026.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                   APPEAL FROM ORDER NO. 728 OF 2026

                    Mrs. Hansaben Manilal Panchal                         ...Appellant
                          Versus
                    Maharashtra Housing and Area Development
                    Authority A Statutory                                 ...Respondent

                                              ——————
                Mr. Pulkit Tiwari, Ms. Janhavi Chaudhari i/b Mr. Kamlesh Tiwari for
                Appellant in AO No. 728 of 2026.
                Mr. K. K. Jadhav, for Respondent No. 5.
                Mr. S. B. Bhatagunaki for Respondent No. 6.
                                              ——————

                                            CORAM : SHARMILA U. DESHMUKH, J.
                                            DATE     : 6th August, 2026
                P. C. :
                1.        Learned counsel appearing for Appellant, on instructions, seeks

                permission to withdraw the Appeal with liberty to approach MHADA

                for inclusion of their name in the certi0ed list of tenants.

                2.        The Appeal from Order is disposed of as withdrawn with liberty

                as prayed.

                3.        In event, if application is 0led with MHADA for including the

                name of the Plainti1s in the certi0ed list of tenants, MHADA to

                consider the same on its own merits and in accordance with law.



                                                        [SHARMILA U. DESHMUKH, J.]


                Sairaj                              1 of 1

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