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Bombay High Court

Jagannath Kalu Patil dead LRs Laxmibai Jagannath Patil and orsversusShankar Supdu Patil and anr

Disposal
DISPOSED OFF

Holding

The court granted leave to withdraw the appeal and disposed of it as withdrawn.

Summary

The appellants, Jagannath Kalu Patil (deceased) LRs Laxmibai Jagannath Patil and others, filed a second appeal (No. 417 of 2025) against Shankar Supdu Patil and another. The appellants, through their counsel, sought leave of the court to withdraw the appeal. The learned judge considered the request and exercised the court's inherent power to allow withdrawal of an appeal. The court granted leave to withdraw and ordered the appeal to be disposed of as withdrawn. Consequently, any pending civil application related to the matter was also deemed disposed.

Issues considered

  • Whether the appellant is entitled to withdraw the appeal and the court may grant leave for such withdrawal

Subjects

  • appeal
  • withdrawal
  • civil procedure
  • high court
  • second appeal

Judgment

2026:BHC-AUG:41187



                                                     (1)                   1 sa 417.25

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                   1 SECOND APPEAL NO. 417 OF 2025
                                 WITH CIVIL APPLICATION NO. 12520 OF 2025

            JAGANNATH KALU PATIL DEAD LRS LAXMIBAI JAGANNATH PATIL AND ORS
                                        VERSUS
                            SHANKAR SUPDU PATIL AND ANR

                                                     …..
                            Advocate for Appellants : Mr. Vikrant Prabhakar Raje
                      Advocate for Respondents : Mr. C.V. Borse h/f. Patil Vijay Bhalerao
                                                     …..

                                               CORAM :      SANJAY A. DESHMUKH, J.
                                               DATE :       07.09.2026

           P.C.:-

           1.               The learned advocate for the appellants, on the basis of

           withdrawal pursis, seeks leave to withdraw the appeal.


           2.               Leave granted. Appeal is disposed of as withdrawn in terms of

           withdrawal pursis. Pending civil application, if any, also stands disposed of.



                                                                [SANJAY A. DESHMUKH, J.]




           mubashir


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