Bombay High Court

RAJENDRA MINGEL KOLIversusMUMBAI MUNICIPAL CORPORATION OF GREATER MUMBAI

Decided: 2 July 2026
Disposal: Disposed off as Withdrawn
Bench: SHARMILA U DESHMUKH

Holding

The appeal is withdrawn with liberty to adopt appropriate proceedings, and the interim application stands disposed.

Summary

The appellant, Rajendra Mingel Koli, filed a first appeal against the Mumbai Municipal Corporation concerning the tenancy of certain premises. The appellant sought the court's permission to withdraw the appeal, requesting liberty to pursue appropriate proceedings to settle inter se rights regarding the tenancy. The respondent opposed the withdrawal. The High Court examined whether the appellant could be allowed to withdraw the appeal and the consequent status of the pending interim application. The Court granted the appellant's request, allowing the appeal to be withdrawn with liberty to adopt suitable proceedings. Consequently, the appeal was disposed of as withdrawn and the interim application was also dismissed as it no longer survived for consideration.

Issues considered

Whether the appellant may be permitted to withdraw the first appeal.
Effect of withdrawal on the pending civil/interim application.

Subjects

appeal withdrawal
tenancy
civil procedure
inter se rights
High Court of Bombay

Judgment

  2026:BHC-AS:27070

                                                                                       40 fa 1958-25.doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                  FIRST APPEAL NO. 1958 OF 2025

                             Rajendra Mingel Koli                                  ... Appellant.
                                      Versus
                             Mumbai Municipal Corporation Of Greater               ... Respondent.
                             Mumbai

                                                          —————
                            Mr. Mohit Jadhav a/w. Kajal Chourasia for the Appellant.
                            Mr. Pradeep M Patil for the Respondent-Corporation.
                                                          —————

                                                             Coram : Sharmila U. Deshmukh, J.
                                                             Date : July 02, 2026

                            P.C. :

                            1.       Learned counsel appearing for the Appellant, on instructions,

                            seeks permission to withdraw the /rst appeal with liberty to adopt

                            appropriate proceedings in order to settle inter se rights insofar as

                            the tenancy of the suit premises is concerned.

                            2.       First Appeal is disposed of as withdrawn with liberty as

                            prayed for. Civil/Interim Application does not survive for

                            consideration and stands disposed of.


                                                                       [Sharmila U. Deshmukh, J.]




                             sa_mandawgad                     1 of 1
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 02/07/2026 19:49:02

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