Bombay High Court
MR. PAWAN KUMAR HARIPRASHAD SHUKLA AND ANOTHERversusMUNICIPAL CORPORATION OF GREATER MUMBAI THR. ITS MUNICIPAL COMMISSIONER AND ANOTHER
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The appeal is withdrawn and disposed of.
Summary
The appellant, Pawan Kumar Hariprashad Shukla and another, filed an appeal against order No.762 of 2026 passed by the High Court of Bombay, together with interim application No.5887 of 2026. The appellant, through counsel, sought the court’s permission to withdraw the appeal. The court examined whether a party may withdraw an appeal after it has been filed. Finding no legal impediment and noting the appellant’s voluntary request, the court allowed the withdrawal and disposed of the appeal. Accordingly, the interim application was held to have no further existence and was also disposed. The court directed that, if the Municipal Corporation of Greater Mumbai proceeds with eviction, it must comply with the applicable statutory guidelines.
Issues considered
- Whether the appellant may withdraw the appeal after filing
Subjects
- appeal withdrawal
- civil procedure
- eviction
- municipal corporation
- interim application
Judgment
Digitally signed
by SHAGUFTA
SHAGUFTA QUTBUDDIN
PATHAN
QUTBUDDIN
Date:
PATHAN 2026.08.07 27-AO-762-2026.doc
10:03:38
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.762 OF 2026
WITH
INTERIM APPLICATION NO.5887 OF 2026
IN
APPEAL FROM ORDER NO.762 OF 2026
Pawan Kumar Hariprashad Shukla And Another …Appellant/
Applicant
Versus
Municipal Corporation of Greater Mumbai
Through its Municipal Commissioner And ...Respondents
Another
——————
Mr. Vivek Shukla a/w Mr. Rohan Manoj Surve, Mr. Ashok Shukla and Mr.
Dilip Gupta for the Appellant/Applicant
Ms. Neeta Jadhav i/b Ms. Komal Punjabi for the Respondents-MCGM
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : AUGUST 6, 2026
P. C. :
1. Learned counsel for the Appellant, on instructions, seeks
permission to withdraw the Appeal.
2. Appeal is accordingly disposed of as withdrawn.
3. It is expected that, in the event the eviction is carried out by the
Corporation, appropriate guidelines and the statutory provisions would
be complied with by the Corporation.
SQ Pathan 1/2
27-AO-762-2026.doc
4. Interim Application does not survive for consideration and
stands disposed of.
[SHARMILA U. DESHMUKH, J.]
SQ Pathan 2/2
Checking your session…