Bombay High Court

RATNAPRABHA KISHOR PATILversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: DISPOSED OFF

Holding

The Court allowed the withdrawal of the First Appeal and disposed of it as withdrawn, while granting liberty to file a writ petition.

Summary

Ms. Shreya S. Battise filed a First Appeal challenging an order passed by the Reference Court under Order VII, Rule 11(d) of the Civil Procedure Code. She later sought to withdraw the appeal and instead pursue a writ petition against the same order. The Court examined whether the appeal could be withdrawn at that stage. It held that the appellant was entitled to withdraw the First Appeal. Consequently, the appeal was disposed of as withdrawn. The Court further granted the appellant liberty to file a writ petition challenging the impugned order.

Issues considered

Whether a First Appeal filed under Order VII, Rule 11(d) of the CPC can be withdrawn after filing.
Whether the appellant may be permitted to file a writ petition in lieu of the withdrawn appeal.

Legislation cited

Code of Civil Procedure, 1908

Subjects

appeal withdrawal
writ petition
Civil Procedure Code
Order VII Rule 11(d)
procedural law

Judgment

2026:BHC-AUG:38185



                                                      1
                                                                       926-fa-4595-2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      FIRST APPEAL NO. 4595 OF 2023

                                       Ratnaprabha Kishor Patil
                                                VERSUS
                                   The State Of Maharashtra And Ors
                                                  ...
                     Ms. Shreya S. Battise h/f Mr. Vinod P. Patil, Advocate for
                     Appellant
                     Mr. S. P. Sonpawale, AGP for Respondents-State
                                                  …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 21ST AUGUST, 2026

                     P.C. :-

                     .         Ms. Shreya S. Battise h/f Mr. Vinod P. Patil, learned
                     Advocate for the appellant submits that inadvertently an order
                     passed by the Reference Court under Order VII, Rule 11(d) of
                     the Civil Procedure Code was challenged by way of First
                     Appeal. She submits that she has instructions to withdraw the
                     First Appeal and to file appropriate proceedings i.e. Writ
                     Petition to challenge the impugned order.

                     2.        Leave granted. First Appeal stands disposed of as
                     withdrawn. The appellant is at liberty to file Writ Petition
                     challenging the order impugned in this First Appeal. All
                     contentions kept open.



                                                          ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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