Bombay High Court

MRS. SUPRIYA KAMLAKAR KASBEKARversusMADHUSUDAN UMAKANT MANDE

Decided: 8 January 2026
Disposal: Disposed off as Withdrawn
Bench: GAURI GODSE

Holding

The court allowed the withdrawal of the civil application and granted leave to file a fresh private paper book.

Summary

In a civil application (SA No. 17 of 2012) filed in the Second Appeal No. 19 of 2012, the applicant, Mrs. Supriya K. Kasbekar, through senior counsel, informed the court that nothing survived in the application and sought leave to withdraw it. The learned senior counsel for the appellant also requested leave to place a fresh private paper book on record because the original was misplaced in the court records. The High Court, after considering the submissions, granted leave to withdraw the civil application and ordered its disposal as withdrawn. The court also granted leave to file a fresh private paper book, directing that a copy be supplied to the office within three weeks. The court directed the office to verify whether the second appeal was ready for final hearing and, if so, to add it to the weekly final hearing board commencing 2 February 2026. No statutory provisions or precedents were cited in the order.

Issues considered

What is the appropriate procedure when an applicant seeks to withdraw a civil application on the ground that nothing survives?
Whether the court may grant leave to file a fresh private paper book when the original is misplaced in the court record.

Subjects

civil procedure
withdrawal of application
private paper book
misplacement of records
leave of court
second appeal
High Court of Bombay

Judgment

2026:BHC-AS:1012

                                                                 20-SA-19-2012.docx



    Swapnil
                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION


                           CIVIL APPLICATION IN SA NO. 17 OF 2012

                                                 IN

                             SECOND APPEAL NO. 19 OF 2012

               Mrs. Supriya Kamlakar Kasbekar             ….Applicant

                     VS.

               Madhusudan Umakant Mande                   …..Respondent

               Mr. S. A. Gorwadkar i/b. Mr. Sanjay Gangal for Applicant.
               Mr. S. C. Wakankar for Respondent.

                                      CORAM : GAURI GODSE, J.

                                      DATE :          8th JANUARY 2026

               ORDER :

               CIVIL APPLICATION IN SA NO. 17 OF 2012


               1.    Learned senior counsel for the applicant submits that

               nothing survives in the civil application. He therefore seeks

               leave to withdraw application.


               2.    Leave granted.


               3.    Civil application is disposed of as withdrawn.




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                                                 20-SA-19-2012.docx


SECOND APPEAL NO. 19 OF 2012


1.   Learned senior counsel for the appellant seeks leave to

place on record fresh private paper book as the paper book

is misplaced in the court record.


4.    Leave granted.


5.    Copy of the private paper book shall be supplied in the

office within 3 weeks.


6.    Office shall verify whether the second appeal is ready

for final hearing and if it is ready, add it to the weekly final

hearing board commencing from 2nd February 2026.




                                          [GAURI GODSE, J.]




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