Bombay High Court
JITENDRA KUMAR DHUDCHAND SHAH AND ANOTHERversusM/S. SUNDER TRANSPORT THR. MR. NAVIN S. BHANUSHALI AND OTHERS
- Decided
- Disposal
- Disposed Off
Holding
The appeal is disposed of as withdrawn, with no costs awarded.
Summary
The appellants, Jitendra Kumar Dhudchand Shah and another, filed an appeal against an order dated 825 of 2026. On instructions, they sought to withdraw the appeal, stating that the appeal had become infructuous. The court considered the request to withdraw the appeal at the appellate stage. It held that the appellant's request was permissible and ordered the appeal to be disposed of without any costs. The interim application, if any, was also disposed of, and the matter was adjourned for further directions on 12th October 2026.
Issues considered
- Whether an appeal can be withdrawn by the appellant at the appellate stage and what the consequences are
Subjects
- withdrawal of appeal
- civil appellate jurisdiction
- court order
- no costs
- procedural law
Judgment
53 - AO-825-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 825 OF 2026
WITH
INTERIM APPLICATION NO. 6246 OF 2026
Jitendra Kumar Dhudchand
Shah and Another Appellants
versus
M/S. Sunder Transport Thr. Mr.
Navin S. Bhanushali and Others Respondents
_________________________________________________________________
Mr. Khan Javed Akhtar, Advocate for the Appellants.
N. D. Jaywant, Advocate for Respondent No. 1.
Ms. Smita V. Tondwalkar i/by Ms. Komal Punjabi, Advocates for
Respondent/BMC.
_________________________________________________________________
CORAM: AARTI SATHE, J.
DATE: 6th October 2026
P.C.
1. Learned counsel on behalf of the Appellant, on instructions, seeks to
withdraw the aforesaid Appeal from Order as the same is rendered infructuous. In
view thereof, the Appeal from Order is disposed of in the aforesaid terms. No costs.
2. Interim application also, if any, stands disposed of.
APPEAL FROM ORDER (ST) NO. 26194 OF 2026
3. Stand over to 12th October 2026 at 3:00 p.m. under the caption of
‘Directions’.
(AARTI SATHE, J.)
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