Bombay High Court

YOGESH GOVIND KULTHEversusJAYSHREE JAYANTRAO MALPATHAK AND OTHRS

Decided: 7 October 2026
Disposal: Allowed To be withdrawn

Holding

The appeal is disposed of as withdrawn.

Summary

The appellant, Yogesh Govind Kulthe, filed an appeal against respondents including Jayshree Jayantrao Malpathak. During proceedings, it was established that Respondent No.1 was deceased, and his legal representatives were identified. The appellant submitted an affidavit requesting withdrawal of the appeal, which the court marked and accepted. The court disposed of the appeal as withdrawn and also dismissed all related civil applications. Consequently, the court ordered a refund of court fees and directed that the statutory deposit, with interest, be transferred to the Tribunal for disbursal as per the award.

Issues considered

Whether an appeal can be withdrawn by the appellant after filing
Procedural consequences of withdrawing an appeal on pending civil applications

Subjects

withdrawal of appeal
civil procedure
court fees refund
statutory deposit
death of party

Judgment

                                                            12-FA-2002-07.doc




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIVIL APPELLATE JURISDICTION

                FIRST APPEAL NO.2002 OF 2007
                           WITH
             CIVIL APPLICATION NO.3696 OF 2007

Yogesh Govind Kulthe                         ...Appellant
            Vs.
Jayshree Jayantrao Malpathak And Ors.        ...Respondents

                      *****
Mr. Shubham Jangam i/b Mr. Advocate for the Appellant.
Girish Agrawal
Mr. Pravin Thorat       i/b.   Mr Advocate for Respondent Nos.1,
Rameshwar N. Gite                 2, 4 and 5.
Mr. Aryavrat Dube i/b Mr. S. S. Advocate for Respondent No.3.
Kulkarni
                             *****

                 CORAM :          S. M. MODAK, J.

                 DATE     :       7th OCTOBER 2026


P. C. :-
1.     Respondent No.1 is dead as submitted by learned advocate for

the Appellant which is confirmed by learned advocate for Respondent

No.1. Let his name be deleted forthwith. Respondent Nos.2, 4 and 5

are his legal representative. Learned Advocate Mr. Thorat represents

them also.


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                                                              12-FA-2002-07.doc




2.    Appellant has given written instruction by way of affidavit to

withdraw the Appeal, it is taken on record and marked “X”.

3.    Appeal is disposed of as withdrawn. All Civil Applications are

disposed of.

4.    Refund of court fees as per the Rules. The amount of statutory

deposit along with interest be transferred to the Tribunal for disbursal

as per the award.

                                        [S. M. MODAK, J.]




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