Bombay High Court

JANARDHAN DAGDU KOKATE AND OTHERSversusABHAYKUMAR GOVINDRAO DESHPANDE AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court allowed the withdrawal of the second appeal.

Summary

The applicants, Janardan Dagdu Kokate and others, filed Civil Application No. 10904 of 2026 seeking permission to withdraw their Second Appeal No. 194 of 2000 against Abhaykumar Govindrao Deshpande and others. The application was filed on the basis of a sale deed dated 13 February 2013 executed between the parties, which was placed on record. The learned counsel for the applicants appeared before the bench of Justice Sanjay A. Deshmukh. The court examined the request and, finding no objection, allowed the application in terms of prayer clause (B). Consequently, the Second Appeal was formally withdrawn and disposed of by the court.

Issues considered

Whether the High Court may permit the withdrawal of a pending second appeal on the ground of a settlement evidenced by a sale deed

Subjects

withdrawal of appeal
second appeal
sale deed
civil procedure
settlement

Judgment

2026:BHC-AUG:43043


                                                       1                     901 CA.10904.2026 ANR.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  BENCH AT AURANGABAD.
                             901 CIVIL APPLICATION NO. 10904 OF 2026
                                          IN SA/194/2000

                            JANARDHAN DAGDU KOKATE AND OTHERS
                                                VERSUS
                     ABHAYKUMAR GOVINDRAO DESHPANDE AND OTHERS
                                                     ...
              Advocate for Applicants / Appellants : Mr. D. A. Karnik, h/f Mr. Vivek J. Dhage
                                                     ...

                                             WITH
                                  SECOND APPEAL NO. 194 OF 2000

                                              WITH
                               CIVIL APPLICATION NO. 10905 OF 2026
                                          IN SA/194/2000
                                                ...


                                                CORAM : SANJAY A. DESHMUKH, J.
                                                DATE       :   22nd September, 2026.

              Per Court:

              CIVIL APPLICATION NO. 10905 OF 2026

              1      At present, the learned counsel for the applicants / appellants

              does not press Civil Application No.10905 of 2026.              Hence, Civil

              Application No.10905 of 2026 is disposed of as not pressed.



              CIVIL APPLICATION NO. 10904 OF 2026

              2      This application is filed seeking permission to withdraw the

              Second Appeal, in view of the sale-deed dated 13 th February 2013,

              executed between the parties, which has been placed on record.
                                       2                 901 CA.10904.2026 ANR.odt


      3    For the reasons stated in the application, Civil Application

      No.10904 of 2026 is allowed in terms of prayer clause (B).

      Accordingly, Second Appeal No.194 of 2000 is disposed of as

      withdrawn.



                                       [ SANJAY A. DESHMUKH, J. ]
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