Bombay High Court
UNION OF INDIA. THRO. THE GENERAL MANAGERversusMR. VINAYAK BALKRISHNA SAMANT AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
Both first appeals are disposed of as withdrawn.
Summary
The Union of India, through its General Manager, filed two civil applications and a first appeal challenging the existence of easementary rights over a parcel of land. The respondent, Mr. Vinayak Balkrishna Samant, contended that a building purportedly standing on the land did not, in fact, exist. The appellant argued that because the building was not present, there was no substantive right to be adjudicated, and consequently sought to withdraw the pending appeals. The Court noted that the first appeal (ST) No.16895 of 2019, previously not on board, was now taken on board along with the other appeal. Upon the appellant's request, the Court disposed of both first appeals as withdrawn and held any interim applications as infructuous. The order effectively terminates the litigation without a substantive decision on the easement claim.
Issues considered
- What is the appropriate procedural step when the factual basis for an easement claim no longer exists?
- Should the pending appeals be allowed to proceed or be withdrawn upon the appellant's request?
Subjects
- easement
- withdrawal of appeal
- civil procedure
- High Court of Bombay
- interim application
Judgment
22-CAF-3254-2019 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 3254 OF 2019
WITH
CIVIL APPLICATION NO. 3255 OF 2019
IN
FIRST APPEAL (STAMP) NO. 16899 OF 2019
Digitally Union of India through the General Manager ...Applicant /
signed by
BASAVRAJ
BASAVRAJ GURAPPA Appellants
GURAPPA PATIL
PATIL Date:
2026.08.21 Versus
10:40:16
+0530
Mr. Vinayak Balkrishna Samant ...Respondent
WITH
FIRST APPEAL (ST) NO.16895 OF 2019
(NOT ON BOARD)
_______
Mr. Rushikesh Bhorania a/w. Mr. Aman Bafar i/b. Chetan Agrawal for
the Appellants
Mr. Tejas S. Bhide Respondent Nos.1, 2a-2g and 3
Mr. Sant Kumar Patel, Asst. Divisional Engineer (Estate/North Borivali)
Mr. Mohit K. Bari, Senior Section eng. (Work) Borivali
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 19th AUGUST, 2026
P.C.
1. First Appeal (St) No.16895 of 2019 is not on board. Upon mentioning,
taken on board along with this First Appeal.
2. The learned counsel for the Appellant-Union of India makes a statement
that the building standing on the land in respect of which easementary rights
Basavraj Page | 1
22-CAF-3254-2019 (C).docx
were asserted, does not stand. He, therefore, submits that nothing would survive
in these First Appeals and seeks to withdraw the same. Both the First Appeals
stand disposed of as withdrawn.
3. Interim Applications, if any, stand disposed of as infructuous.
[ARIF S. DOCTOR, J.]
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