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The appeal is dismissed as withdrawn, and the pending application is disposed of.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 Consequently, the appeal was dismissed as withdrawn.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as withdrawn.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