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Bombay High Court

JAGANNTH TRIMBAK MARKEversusLAXMI GAJANAN SALUNKE

Disposal
DISMISSED

Holding

The appeal is dismissed as withdrawn, and the pending application is disposed of.

Summary

The appellant, Jagannth Trimbak Marke, filed a first appeal (No. 3039 of 2013) against the order in Civil Application No. 15368 of 2013. During the hearing, the appellant, through counsel, expressed a desire to discontinue prosecution of the appeal and sought the court's permission to withdraw it. The court, exercising its inherent jurisdiction to allow withdrawal of appeals where no prejudice is caused, granted the request. Consequently, the appeal was dismissed as withdrawn. The pending application related to the appeal was also ordered to be disposed of.

Issues considered

  • Whether the court may permit the withdrawal of an appeal at the stage of hearing.

Subjects

  • withdrawal of appeal
  • appeal dismissed
  • civil procedure
  • inherent jurisdiction
  • court order

Judgment

2026:BHC-AUG:41447


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   24 FIRST APPEAL NO. 3039 OF 2013

                                       JAGANNTH TRIMBAK MARKE
                                                VERSUS
                                        LAXMI GAJANAN SALUNKE
                                                  ...
                  Mr. Kalyan Patil, Advocate h/f Mr. C.V. Korhalkar, Advocate for appellant
                  Ms. Tanuja D. Dhage, Advocate h/f Ms. Asha S. Rasal, Advocate for sole
                                                respondent
                                                     ...
                                                   WITH
                        CIVIL APPLICATION NO. 15368 OF 2013 IN FA/3039/2013
                                                     ...

                                                     CORAM :     ROHIT W. JOSHI, J.
                                                     DATE :      07th SEPTEMBER, 2026


            ORDER :


            .              Learned Advocate Mr. Kalyan Patil holding for learned Advocate

            Mr. C.V. Korhalkar for the appellant makes a statement on instructions that

            the appellant does not want to prosecute the appeal further and seeks

            permission to withdraw the appeal. First Appeal, therefore, stands dismissed

            as withdrawn. Pending application also stands disposed of.




                                                                 ( ROHIT W. JOSHI, J. )
            agd


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