Bombay High Court

GODAWARI KHORE SAHAKARI DUDH SANGH MARYADITversusSHOBHA VISHNU KOTE AND ORS

Disposal: DISPOSED OFF

Holding

The appeal was withdrawn and disposed of, and the deposited amount was ordered to be returned with interest.

Summary

The appellant, Godawari Khore Sahakari Dudh Sangh Maryadit, filed a first appeal against Shobha Vishnu Kote and others. During the pendency, Respondent No. 4 attained majority, prompting a request to correct the title clause, which the court permitted. Subsequently, the appellant’s counsel submitted written instructions to withdraw the appeal. The court accepted the withdrawal, disposed of the appeal as withdrawn, and ordered that the amount deposited by the appellant be returned to the respondents with accrued interest.

Issues considered

Whether the appeal can be withdrawn after filing
Effect of withdrawal on the pending proceedings
Whether a correction in the title clause is permissible when a respondent attains majority

Subjects

appeal withdrawal
correction of title clause
deposit return
interest
civil procedure

Judgment

2026:BHC-AUG:40831


                                                   1                        944.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                FIRST APPEAL NO. 1144 OF 2007
                   GODAWARI KHORE SAHAKARI DUDH SANGH MARYADIT
                                            VERSUS
                               SHOBHA VISHNU KOTE AND ORS
                                               ...
                             Advocate for Appellant : Mr. Dighe V.H.
                       Advocate for Respondent Nos. 1 to 4 : Mr. N.C. Garud
                     Advocate for Respondent No. 5 : Mr. Bodade Shrikrishna R.
                                               …

                                       CORAM : MANJUSHA DESHPANDE, J.

                                        DATE      : 03rd SEPTEMBER, 2026


              PER COURT :

              1.           Learned Advocate Mr. Garud, submits that during the

              pendency of the present Appeal Respondent no. 4 has attained the age of

              majority. Hence, it is necessary to carry out the correction in the title

              clause. Therefore, leave is granted to correct the age of Respondent no. 4,

              forthwith.


              2.           Learned Advocate for the Appellant submits that he has

              received the instructions to withdraw the present Appeal.


              3.           The written instructions received by learned Advocate Mr.

              Dighe is taken on record and marked as ‘X’ for identification.
                                   2                       944.odt


4.          In view of the communication received by the learned

Advocate for the Appellant for withdrawal of Appeal, First Appeal is

disposed of as withdrawn.


5.          In view of the disposal of the Appeal, the amount deposited

in this Court by the Appellant shall be allowed to be withdrawn by the

Respondents along with accrued interest thereon.




                                   ( MANJUSHA DESHPANDE, J. )




SPC

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