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Bombay High Court

MR. RAJBAHADUR S/O.J LATE ANANTA RAM HANNU YADAVversusBABURAM BHAGALRAM YADAV AND OTHERS

Decided
Disposal
Disposed Off

Holding

The appeal was disposed of as withdrawn, as the court granted permission to withdraw it.

Summary

The appellant, Mr. Rajbahadur, filed an appeal against a decree in a civil suit. The appellant's counsel sought the court's permission to withdraw the appeal on the ground that the underlying suit had already been disposed of. The High Court considered whether an appeal could be withdrawn after the suit's disposal. The Court allowed the withdrawal and ordered the appeal to be disposed of as withdrawn. Consequently, any pending applications related to the appeal were also dismissed.

Issues considered

  • Whether an appeal can be withdrawn when the original suit has been disposed of

Subjects

  • withdrawal of appeal
  • civil procedure
  • appellate jurisdiction
  • disposal of suit

Judgment

2026:BHC-AS:10391

                                                                         28 AO-893-2024.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                   APPEAL FROM ORDER NO. 893 OF 2024

                    Mr. Rajbahadur s/o. J Late Ananta Ram Hannu Yadav ...Appellant
                          Versus
                    Baburam Bhagalram Yadav & Others                     ...Respondents

                                            ——————
                Mr. Amit G. Dubey, Mr. Abdullah M. Shaikh i/b Mr. Ashok M. Saraogi for
                Appellant.
                                            ——————

                                             CORAM : SHARMILA U. DESHMUKH, J.
                                             DATE    : 25th June, 2026


                P. C. :

                1.        Learned counsel appearing for Appellant, on instructions, seeks

                permission to withdraw the Appeal as the suit itself stands disposed of.

                2.        The Appeal is disposed of as withdrawn.

                3.        In view of above, nothing survives for consideration in pending

                Applications, if any, and the same stand disposed of.




                                                        [SHARMILA U. DESHMUKH, J.]




                Sairaj                              1 of 1


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