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Bombay High Court

TEJPAL POONAMCHANDversusTHE MUNICIPAL CORPORATION OIF GREATER MUMBAI AND ANOTHER

Decided
Disposal
Allowed To be withdrawn

Holding

The court held that the appellant may withdraw the appeal and the interim application.

Summary

The appellant, Tejpal Poonamchand Jain, filed an interim application seeking leave to withdraw his appeal against Order No. 156 of 2022 and the accompanying interim application. The sole issue before the court was whether the appellant could be permitted to withdraw the appeal and the interim application. No substantive arguments on merits were presented, and the court noted that procedural rules allow withdrawal of an appeal with the court's permission. The court found no impediment to granting the withdrawal. Consequently, the court allowed the withdrawal, disposing of the appeal and interim application as withdrawn without awarding costs.

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
  • costs

Judgment

                                                                                          503-IA1013-22 @ 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. 1013 OF 2022
                                                       IN
                                        APPEAL FROM ORDER NO. 156 OF 2022


                      Tejpal Poonamchand Jain                                ...Applicant

                      In the matter between :

                      Tejpal Poonamchand Jain                                ... Appellant

                             Versus
                      The Municipal Corporation Of Greater Mumbai
                      & ors.                                                 ...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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