Bombay High Court

MRS.MANISHA GANESH NAVTHARE NEE MS.MANISHA SHIVAJI LAGADversusMR.GANESH SHANTARAM NAVTHARE

Decided: 31 July 2026
Disposal: Disposed Off
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The appeal is dismissed as withdrawn; the appellant’s presence is not required for withdrawal.

Summary

Manisha Ganesh Navthare (appellant) filed a praecipe seeking to withdraw Family Court Appeal No. 80 of 2018. The appellant's counsel also requested an adjournment so that the appellant could be present at the time of withdrawal. The High Court examined whether the physical presence of the appellant was a prerequisite for effecting a withdrawal of an appeal. The Court held that the appellant’s presence is not necessary for a withdrawal and that the counsel’s instructions suffice. Consequently, the appeal was dismissed as withdrawn and all pending interim applications were disposed of.

Issues considered

The appellant’s presence is required for withdrawal of an appeal

Subjects

withdrawal of appeal
procedural law
family court
presence of party

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:                                    1/1                  1 FCA.80.2018.odt
          2026.08.04
          13:34:23
          +0530

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                    FAMILY COURT APPEAL NO. 80 OF 2018
                                                   WITH
                                      CIVIL APPLICATION NO. 96 OF 2018
                                                   WITH
                                      CIVIL APPLICATION NO. 20 OF 2019
                                                    IN
                                    FAMILY COURT APPEAL NO. 80 OF 2018

                       Manisha Ganesh Navthare
                       Nee Ms.Manisha Shivaji Lagad              ..   Appellant
                                         Versus
                       Ganesh Shantaram Navthare                 ..   Respondent
                                                         …
                       Mr. Graham Francis i/by Mr. Vishwanath Talkute, for the
                       Appellant.
                                                 …
                                          CORAM: BHARATI DANGRE &
                                                 MANJUSHA DESHPANDE, JJ.
                                          DATED : 31st JULY, 2026

                       P.C:-

                       1.      A praecipe is moved by the learned counsel for the
                       Appellant for withdrawal of the Appeal. However, he requests
                       that the Appellant wants to remain present at the time of
                       withdrawal of the Appeal. Hence, he seeks an adjournment.
                       However, we do not feel the presence of the Appellant is
                       necessary. Therefore, in view of the instructions given to the
                       learned counsel for the Appellant, the Appeal is dismissed as
                       withdrawn.

                               Pending Interim Applications also stand disposed off.



                       (MANJUSHA DESHPANDE, J.)                (BHARATI DANGRE, J.)

                       Rushikesh

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