Bombay High Court

AHMED RAFIQUE MUSTAFAversusMUNICIPAL CORPORATION OF GR. MUMBAI

Decided: 7 October 2026
Disposal: Disposed Off

Holding

The Court disposed of the appeal as withdrawn upon the appellant's request, without awarding costs.

Summary

The appellant, Ahmed Rafique Mustafa, filed a first appeal before the High Court of Bombay against the Municipal Corporation of Greater Mumbai. The appellant later instructed counsel to withdraw the appeal, stating that the relief sought no longer survived. The respondent's counsel was present but no opposition to the withdrawal was recorded. The Court considered the appellant's request and, in accordance with procedural law, allowed the withdrawal of the appeal. Consequently, the appeal was disposed of as withdrawn without any order for costs, and any interim applications, if any, were also dismissed.

Issues considered

Whether an appellant may withdraw a pending appeal before the High Court
Whether costs may be awarded when an appeal is withdrawn

Subjects

withdrawal of appeal
civil procedure
costs
High Court of Bombay
appellate jurisdiction

Judgment

                                                                          9-FA-882-2022.DOC



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                          FIRST APPEAL NO. 882 OF 2022

Ahmed Rafique Mustafa                                              ...Appellant(s)

         Versus

Municipal Corporation of Greater Mumbai                   ...Respondent(s)
_________________________________________________________________
Mr. Ashutosh Gavnekar i/b Adv. C.G. Gavnekar, Advocate for the Appellant.
Ms. Pallavi Khale i/b Ms. Komal Panjabi, Advocate for the Respondent.
_________________________________________________________________

                        CORAM:        AARTI SATHE, J.

                        DATE:         07th OCTOBER, 2026

P.C.

1.       Learned counsel on behalf of the Appellant, on instructions, seeks to

withdraw the aforesaid First Appeal on the ground that the relief as prayed for do

not survive.

2.       In view thereof, the First Appeal is disposed of as withdrawn. No costs.

3.       Interim Application(s), if any, shall also stands disposed of.




                                                        (AARTI SATHE, J.)




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Tiwari

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