Bombay High Court

MILAN LALITBHAI SHAHversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Decided: 9 September 2026
Disposal: Allowed To be withdrawn

Holding

The Court held that the appellant is entitled to withdraw the appeal and the interim application with the Court’s permission.

Summary

The appellant, Milan Lalitbhai Shah, filed an appeal against Order No. 155 of 2022 passed by the Municipal Corporation of Greater Mumbai and subsequently moved an interim application seeking leave to withdraw both the appeal and the interim application. The appellant was represented by Mr. Darshit K. Jain, assisted by Ms. Divya Jain, while no counsel appeared for the respondents. The sole question before the Court was whether the appellant could be permitted to withdraw the pending appeal and the accompanying interim application. The Court, after considering the request, allowed the withdrawal, holding that a party may withdraw an appeal with the Court’s permission. Consequently, the appeal and the interim application were disposed of as withdrawn, and no costs were awarded.

Issues considered

Whether the appellant may be granted leave to withdraw the appeal and the interim application

Subjects

withdrawal of appeal
interim application
civil procedure
court permission

Judgment

                                                                                          502-IA-1012-22 IN AO.DOC


 JYOTI
 RAJESH                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MANE                                     CIVIL APPELLATE JURISDICTION
Digitally signed by
JYOTI RAJESH
MANE
Date: 2026.09.09
17:48:54 +0530                          INTERIM APPLICATION NO. 1012 OF 2022
                                                        IN
                                         APPEAL FROM ORDER NO. 155 OF 2022

                      Milan Lalitbhai Shah                                  ...Applicant

                      In the matter between:

                      Milan Lalitbhai Shah                                   ... Appellant

                             Versus
                      The Municipal Corporation Of Greater Mumbai            ...Respondents

                                                            _______
                      Mr. Darshit K.Jain i/b. Ms. Divya Jain, for Applicant/Appellant .
                      None for Respondents.
                                                            _______

                                                   CORAM:        AARTI SATHE, J.

                                                    DATE:        09 SEPTEMBER 2026

                      P.C.

                      1.     Learned Counsel appearing on behalf of the Applicant/Appellant seeks leave

                      to withdraw the Appeal from Order along with the Interim Application.

                      2.     Allowed to be withdrawn.

                      3.     The Appeal from Order along with the Interim Application stands disposed

                      of as withdrawn. No costs.




                                                                 (AARTI SATHE, J.)




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                      Mane

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