Bombay High Court
M/S. M. I. BUILDERS THR. PARTNER MR. MOHSIN IQBAL SHAIKH AND ORS.versusTHE MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA) AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal was allowed to be withdrawn and was disposed of accordingly.
Summary
The appellants, M.I. Builders, sought leave to withdraw their appeal against an order of the High Court. The Court allowed the withdrawal, thereby disposing of the appeal. It also directed that the pending notice of motion in the underlying suit be heard and disposed of by the trial court on a specified date without adjournment. All other contentions of the parties were left open for consideration. The interim application filed alongside the appeal was also dismissed as it no longer survived. Consequently, the appeal and the interim application were both disposed of.
Issues considered
- Can an appeal be withdrawn at the appellate stage and what is the effect of such withdrawal?
Subjects
- withdrawal of appeal
- civil procedure
- interim application
- procedural law
- high court order
Judgment
1 of 2 902.AO.945.2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.945 OF 2026
WITH
INTERIM APPLICATION NO.7438 OF 2026
M/s.M.I.Builders through Partner
Mohsin Iqbal Shaikh and others Appellants
versus
The Maharashtra Housing and Area
Development Authority and others Respondents
_______
Mr.Akash Rebello with Mr.Nadeem Shama, Ms.Bushra Sayed i/by Arman Parve for
Appellants.
Mr.Prakash Lad for Respondent nos.1 and 2 MHADA.
Ms.Neeta Jadhav i/by Ms.Komal Punjabi for Respondent no.3 MCGM.
_______
CORAM : AARTI SATHE, J.
DATE : 22nd September 2026
P.C.
1. Learned counsel on behalf of the Appellants on instructions seeks leave
to withdraw the Appeal from Order. Accordingly the Appeal from Order is allowed
to be withdrawn and stands disposed of as such.
2. In the mean time, the hearing of the Notice of Motion No.4875 of
2026 in L.C.Suit No.2074 of 2026, which is scheduled before the Trial Court on
11th October 2026, an endeavour be made by the Trial Court to dispose of the
Notice of Motion on 11th October 2026. The parties shall not seek adjournment
Digitally signed
MANISH by MANISH
SURESHRAO
on the said date.
SURESHRAO THATTE
THATTE Date: 2026.09.22
18:25:50 +0530
3. All contentions of the parties are expressly kept open.
M.S.Thatte
2 of 2 902.AO.945.2026.DOC
4. Interim Application No.7438 of 2026 does not survive and stands
disposed of as such.
(AARTI SATHE, J.)
M.S.Thatte
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.