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The appeal is dismissed as withdrawn, and the pending application is disposed of.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 The learned Judge, Rohit W. Joshi, allowed the withdrawal, dismissing the appeal as withdrawn and disposing of the pending application.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 The order reflects the procedural rule that an appeal may be withdrawn by the appellant before a final decision is rendered.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- Whether an appeal filed in a civil suit can be withdrawn by the appellant at the stage before adjudication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as withdrawn.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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