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Bombay High Court

JAGANNTH TRIMBAK MARKEversusLAXMI GAJANAN SALUNKE

Disposal
DISMISSED

Holding

The appeal is dismissed as withdrawn, and the pending application is disposed of.

Summary

The appellant, Jagannath Trimbak Marke, filed a first appeal but later instructed his counsel to withdraw the appeal. The appellant’s counsel, Mr. Kalyan Patil, communicated this request to the court. The learned Judge, Rohit W. Joshi, allowed the withdrawal, dismissing the appeal as withdrawn and disposing of the pending application. No substantive merits of the dispute were addressed. The order reflects the procedural rule that an appeal may be withdrawn by the appellant before a final decision is rendered.

Issues considered

  • Whether an appeal filed in a civil suit can be withdrawn by the appellant at the stage before adjudication

Subjects

  • withdrawal of appeal
  • civil procedure
  • high court order

Judgment

2026:BHC-AUG:41448


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   24 FIRST APPEAL NO. 3039 OF 2013

                                       JAGANNTH TRIMBAK MARKE
                                                VERSUS
                                        LAXMI GAJANAN SALUNKE
                                                  ...
                  Mr. Kalyan Patil, Advocate h/f Mr. C.V. Korhalkar, Advocate for appellant
                  Ms. Tanuja D. Dhage, Advocate h/f Ms. Asha S. Rasal, Advocate for sole
                                                respondent
                                                     ...
                                                   WITH
                        CIVIL APPLICATION NO. 15368 OF 2013 IN FA/3039/2013
                                                     ...

                                                     CORAM :     ROHIT W. JOSHI, J.
                                                     DATE :      07th SEPTEMBER, 2026


            ORDER :


            .              Learned Advocate Mr. Kalyan Patil holding for learned Advocate

            Mr. C.V. Korhalkar for the appellant makes a statement on instructions that

            the appellant does not want to prosecute the appeal further and seeks

            permission to withdraw the appeal. First Appeal, therefore, stands dismissed

            as withdrawn. Pending application also stands disposed of.




                                                                 ( ROHIT W. JOSHI, J. )
            agd


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