Bombay High Court
SOU. VIDYA VASANT DEVKARversusSHREE VASANT DEVKAR AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the appeal, granting the appellant liberty to pursue appropriate remedies, and disposed of the appeal as withdrawn.
Summary
The appellant, Vidya Vasant Devkar, filed a first appeal against the respondents, Vasant Devkar & Ors, in the High Court of Bombay. The appellant, through counsel, sought leave of the Court to withdraw the appeal, stating an intention to pursue other appropriate remedies. The Court examined its inherent jurisdiction to permit withdrawal of an appeal when no prejudice is caused to the respondents. It held that, as the appeal had not been heard on merits and there was no objection from the respondents, the withdrawal could be allowed. Consequently, the appeal was disposed of as withdrawn, with liberty to the appellant to seek other remedies, and no costs were awarded.
Issues considered
- Whether the High Court may permit the appellant to withdraw a pending appeal with liberty to pursue other remedies
Subjects
- withdrawal of appeal
- civil procedure
- discretionary jurisdiction
- high court
Judgment
501-FA-725-2023.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.725 OF 2023
Vidya Vasant Devkar Appellant
Versus
Vasant Devkar & Ors Respondents
_______
Adv. Yogesh Patil for the Appellant.
Adv. Akshay Tapkir for the Respondents.
_______
CORAM: AARTI SATHE, J.
DATE: 5TH OCTOBER 2026.
Digitally
P.C.
signed by
PRIYANKA
PRIYANKA MADHAVRAO
MADHAVRAO KALE
KALE Date:
2026.10.05
18:57:29
+0530
1. Learned counsel on behalf of the Appellant, on instructions, seeks leave
to withdraw the aforesaid First Appeal with liberty to pursue appropriate remedies
in accordance with law.
2. Accordingly, the First Appeal is disposed of as withdrawn with aforesaid
liberty. No costs.
(AARTI SATHE, J.)
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Priyanka
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