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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER,versusSHRI. PANDIT AMRUTA DESHMUKH AND ORS.

Decided
Disposal
Allowed To be withdrawn

Holding

The court held that leave to withdraw the appeals may be granted, resulting in dismissal of the appeals as withdrawn.

Summary

The State of Maharashtra, represented by Special Land Acquisition Officer, filed a series of first appeals (Nos. 866, 874, 883, etc.) against Shri Ramesh Chaburao Deshmukh and others. The appellant later sought leave to withdraw all the appeals, citing specific notifications dated 3 November 2016, 11 May 2018 and 13 August 2018. The learned Advocate General for the State, Mr. Mayur Sonavane, applied for the withdrawal. The High Court, after considering the application, granted leave to withdraw the appeals. Consequently, the court dismissed the first appeals as withdrawn and ordered that all pending applications be disposed of. The court also directed that any court fees, if paid, be refunded as per the rules.

Issues considered

  • Whether leave to withdraw multiple first appeals can be granted under the cited notifications
  • Whether pending applications survive the withdrawal of the main appeals

Subjects

  • withdrawal of appeal
  • civil procedure
  • high court
  • court fees
  • notifications

Judgment

                                     1/3               167-FA-866-2005 (C).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BEFORE THE NATIONAL LOK ADALAT
                        CIVIL APPELLATE JURISDICTION

                        FIRST APPEAL NO. 866 OF 2005

The State Of Maharashtra Through
Special Land Acquisition Officer,                                ...Appellant
        Versus
Shir. Ramesh Chaburao Deshmukh & Anr.                            ...Respondents

                                    WITH
                        FIRST APPEAL NO. 874 OF 2005
                                    WITH
                        FIRST APPEAL NO. 883 OF 2005
                                    WITH
                    CIVIL APPLICATION NO. 2593 OF 2004
                                     IN
                        FIRST APPEAL NO. 883 OF 2005
                                    WITH
                        FIRST APPEAL NO. 880 OF 2005
                                    WITH
                    CIVIL APPLICATION NO. 2590 OF 2004
                                     IN
                        FIRST APPEAL NO. 880 OF 2005
                                    WITH
                        FIRST APPEAL NO. 882 OF 2005
                                    WITH
                        FIRST APPEAL NO. 871 OF 2005
                                    WITH
                  INTERIM APPLICATION (ST) NO. 252 OF 2026
                                     IN
                        FIRST APPEAL NO. 871 OF 2005
                                    WITH
                        FIRST APPEAL NO. 878 OF 2005
                                    WITH



Mandar M.
                                       2/3                 167-FA-866-2005 (C).DOC



                       FIRST APPEAL NO. 873 OF 2005
                                      WITH
                       FIRST APPEAL NO. 868 OF 2005
                                      WITH
                       FIRST APPEAL NO. 879 OF 2005
                                      WITH
                       FIRST APPEAL NO. 876 OF 2005
                                      WITH
                       FIRST APPEAL NO. 875 OF 2005
                                      WITH
                       FIRST APPEAL NO. 872 OF 2005
                                      WITH
                       FIRST APPEAL NO. 877 OF 2005
                                      WITH
                       FIRST APPEAL NO. 881 OF 2005
                                      WITH
                       FIRST APPEAL NO. 867 OF 2005
                                      WITH
                       FIRST APPEAL NO. 870 OF 2005
                                      WITH
                       FIRST APPEAL NO. 869 OF 2005


                                  _______
Mr. Mayur Sonavane, AGP, for State.
                                  _______

                                CORAM :          ARIF S. DOCTOR, J.,
                                                 HEAD OF THE PANEL

                                                 M. S. KULKARNI, REGISTRAR
                                                 PERSONNEL, MEMBER

                                                 S. S. CHOPDA,
                                                 DEPUTY REGISTRAR, MEMBER

                                DATE         :   14th MARCH, 2026



Mandar M.
                                          3/3             167-FA-866-2005 (C).DOC




P.C.

1.      Mr. Sonavane, learned AGP for the Respondent states that these Appeals

are covered by the Notifications dated 3 rd November 2016, 11th May 2018 and

13th August 2018 bearing No. ladh.kZ&2014@iz-dz-41@Hkkx&1@v&4- Therefore, he

seeks leave to withdraw the aforesaid Appeals.

2.      Leave to withdraw, is granted.

3.      The First Appeals are dismissed as withdrawn.

4.      All pending applications do not survive and are accordingly disposed of.

5.      Refund of Court fees, if any, as per rules.




( S. S. CHOPDA)              ( M. S. KULKARNI)          ( ARIF S. DOCTOR, J.)
(Deputy Registrar)           Registrar (Personnel)       (Head of the Panel)




Mandar M.


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