Bombay High Court
AMIT DILIP SAWANT AND ANOTHERversusANIL RAGHUNATH SAWANT AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The Court granted leave to withdraw the appeal and disposed of it as withdrawn.
Summary
The appellants, Amit Dilip Sawant and another, filed an appeal against an order dated 29 January 2021. During the hearing, their counsel, Mr. Kunal Bhange, sought leave to withdraw the appeal because the clients intended to file a fresh application for amendment of the suit. The Court, after considering the request, granted leave to withdraw and disposed of the appeal as withdrawn. The Court noted that any subsequent amendment application would be heard on its merits, unaffected by the earlier order. The respondents' counsel, Mr. Milind Shewale, indicated he would submit documents relating to possession of the redeveloped flat by 4 March 2026.
Issues considered
- Whether the Court may grant leave to withdraw an appeal pending before it
Subjects
- appeal
- withdrawal
- amendment of suit
- civil procedure
- court order
Judgment
30. Amit Vs. Anil
Digitally
signed by
JYOTI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JYOTI PRAKASH
PRAKASH
PAWAR
PAWAR
Date:
2026.02.18
CIVIL APPELLATE JURISDICTION
17:52:46
+0530
APPEAL FROM ORDER NO. 94 OF 2021
WITH
INTERIM APPLICATION NO. 941 OF 2021
IN
APPEAL FROM ORDER NO. 94 OF 2021
Amit Dilip Sawant & Anr. … Appellants
V/s.
Anil Raghunath Sawant & Ors. … Respondents
_______________________________________
Mr. Kunal Bhange i/b. Mr. Akshay Pawar for Appellants.
Mr. Milind Shewale for Respondent nos. 2,3 & 4.
______________________________________
CORAM : FARHAN P. DUBASH, J.
Date : 17th FEBRUARY 2026
P. C :
1. The present Appeal impugns an order dated 29 th January 2021
passed by the Trial Court in Notice of Motion No. 1960 of 2020.
2. Mr. Kunal Bhange, learned Counsel who appears on behalf of the
Appellants, on instructions seeks leave to withdraw the present Appeal. He
states that his clients intend to file an Application seeking amendment of the
Suit.
3. Considering the above, leave is granted and the present Appeal
is disposed of as withdrawn.
Page 1 of 2
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Order dated 17th February 2026
30. Amit Vs. Anil
4. Needless to state that if such an Application for amendment is
preferred, the Trial Court shall hear and decide the same on merits,
uninfluenced by the earlier order.
5. Mr. Milind Shewale, learned Counsel who appears on behalf of
Respondent nos. 2 to 4, on instructions states that he will forthwith provide
all the necessary documents and agreements under which his clients claimed
and were put in possession of the redeveloped Suit premises being Flat no.
1504 on the 15th Floor, 7/15, Laxmichand Deepchand Mansion, Hamalwadi,
Navjeevanwadi, Dhobi Talao, Mumbai – 400002. This documentation shall
be provided, on or before 4th March 2026.
( FARHAN P. DUBASH, J. )
Mandar M.
Page 2 of 2
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Order dated 17th February 2026
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