Bombay High Court

JANARDHAN DAGDU KOKATE AND ANOTHERversusABHAYKAUMAR GOVINDRAO DESHPANDE AND OTHERS

Disposal: DISPOSED OFF

Holding

The court allowed the withdrawal of the Second Appeal and disposed of it as withdrawn.

Summary

The petitioners, Janardan Dagdu Kokate and others, filed Civil Application No. 10904 of 2026 seeking the court’s permission to withdraw a pending Second Appeal (No. 194 of 2000) against the respondents, Abhaykumar Govindrao Deshpande and others. The withdrawal request was based on a sale‑deed dated 13 February 2013 that had been executed between the parties and was placed on record. The court examined the application and found no impediment to allowing the withdrawal. Consequently, the court granted the prayer to withdraw the appeal. The Second Appeal was therefore disposed of as withdrawn, and the related Civil Application No. 10905 of 2026, which was not pressed, was dismissed.

Issues considered

Whether a Second Appeal under the Civil Procedure Code may be withdrawn by the appellant after a sale‑deed between the parties has been executed.

Subjects

withdrawal of appeal
second appeal
civil application
sale deed
procedural law

Judgment

2026:BHC-AUG:43045


                                                       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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