Bombay High Court

SUCORINA FERNANDES AND 3 ORSversusANTONIO JOSE BERNADO NUNES AND 3 ORS

Disposal: Disposed of

Holding

The civil application is disposed of as withdrawn.

Summary

The applicants, Meena Fernades and others, sought to hand over possession of the suit premises and a plot involved in Execution Application No.6/2026/C, which was part of Special Civil Suit No.7/2014/C pending before the Civil Judge, Senior Division at Mapusa. Their counsel, Mr. Pranay Kamat, informed the court that the applicants intended to withdraw the civil application in light of their agreement to surrender possession. The court considered the request to withdraw the pending application. No substantive issues of law or fact were adjudicated, as the matter was procedural. Consequently, the court ordered the civil application to be disposed of as withdrawn.

Issues considered

Can a civil application be withdrawn at the request of the parties after filing?

Subjects

withdrawal of application
civil procedure
possession
execution proceedings
application disposed

Judgment

                                                      22 CA 78 2026

                          Meena

                                  IN THE HIGH COURT OF BOMBAY AT GOA
                                      CIVIL APPLICATION NO.78 OF 2026
                                                    IN
                                        FIRST APPEAL NO.53 OF 2026
                    SUCORINA FERNANDES AND 3 ORS                            ... APPLICANTS
                      Versus
                    ANTONIO JOSE BERNADO NUNES AND 3
                    ORS                                                     ... RESPONDENTS


                    Mr Pranay Kamat, Advocate for the Applicants.
                    Mr E. Dias with Ms R. Shetkar, Advocates for the Respondents.


                                          CORAM:- VALMIKI MENEZES, J.
                                          DATED :- 17th September, 2026

                    P.C.:
                    1.      Learned Advocate Mr Pranay Kamat makes a statement, on
                    instructions from the Applicants that the Applicants would be
                    handing over possession of the suit premises along with the plot in
                    Execution Application No.6/2026/C in Special Civil Suit
                    No.7/2014/C pending before the Civil Judge, Senior Division at
                    Mapusa. He further states that, in view of the statement, he is
                    instructed to withdraw this Civil Application.
                    2.     The Civil Application stands disposed of as withdrawn.



                                                                 VALMIKI MENEZES, J.



Signed by: MEENA VISHAL BHOIR
Designation: Private Secretary
                                                         Page 1 of 1
Date: 17/09/2026 16:11:12
                                                     17th September, 2026

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