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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withdrawal of the appeal, granting the appellant liberty to pursue appropriate remedies, and disposed of the appeal as withdrawn.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 Consequently, the appeal was disposed of as withdrawn, with liberty to the appellant to seek other remedies, and no costs were awarded.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.)




                                                            Page 1 of 1
                       Priyanka


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