Bombay High Court
MR. RAJBAHADUR S/O.J LATE ANANTA RAM HANNU YADAVversusBABURAM BHAGALRAM YADAV AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
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The appeal was disposed of as withdrawn, as the court granted permission to withdraw it.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 The High Court considered whether an appeal could be withdrawn after the suit's disposal. The Court allowed the withdrawal and ordered the appeal to be disposed of as withdrawn.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- Whether an appeal can be withdrawn when the original suit has been disposed of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 The Appeal is disposed of as withdrawn.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
Checking your session…