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Bombay High Court

SHASHIKANT SHANKAR JADHAV. DEC. THR. LRS NISHA SHASHIKANT JADHAV AND ORS.versusUDAY RAVINDRA DESAI AND ORS.

Decided
Disposal
Disposed Off

Holding

The First Appeal is dismissed as withdrawn and the interim application is disposed of as infructuous.

Summary

The appellant, Shashikant Shankar Jadhav, filed a First Appeal (No. 576 of 2022) and an interim application (No. 111 of 2026) before the Bombay High Court. The appellant’s counsel submitted an email dated 7 January 2026 indicating that the parties had settled the dispute. On the basis of this settlement, the counsel sought permission to withdraw the appeal. The Court allowed the withdrawal, dismissing the First Appeal as withdrawn and holding that the interim application no longer survived, disposing of it as infructuous.

Issues considered

  • The Court’s jurisdiction to permit withdrawal of a pending appeal after settlement between parties.

Subjects

  • appeal withdrawal
  • civil procedure
  • settlement
  • interim application
  • high court

Judgment

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                          FIRST APPEAL NO.576 OF 2022
                                                  ALONG WITH
                                      INTERIM APPLICATION NO.111 OF 2026
                       Shashikant Shankar Jadhav                      .. Appellant-Applicant
                                  Vs.
                       Dr. Uday Ravindra Desai and Ors.               .. Respondents


                       Mr. Yatin Malvankar, Advocate for the Appellant-Applicant.
                       None for the Respondents.


                                             CORAM :      SHREE CHANDRASHEKHAR, CJ. &
                                                          GAUTAM A. ANKHAD, J.
                                             DATE     :   8TH JANUARY 2026.

                       P.C. :

                              Mr. Yatin Malvankar, the learned counsel for the appellant
                       tenders a copy of the e-mail communication dated 7 th January
                       2026 received from the appellant, which is taken on record. In
                       view of the said communication to him stating that the matter has
                       been settled between the parties, Mr. Malvankar, the learned
                       counsel for the appellant seeks permission to withdraw this First
                       Appeal.

                       2.     First Appeal No.576 of 2022 is dismissed as withdrawn.
                       Interim Application No.111 of 2026 pending in the First Appeal
                       does not survive and the same is disposed of as infructuous.



                        [ GAUTAM A. ANKHAD, J. ]                       [ CHIEF JUSTICE ]




           Digitally
           signed by
SNEHA SNEHA                                                 1/1
      ABHAY DIXIT
ABHAY Date:       902-FA-576-2022 & IA-111-2026.doc                                     Dixit
DIXIT 11:28:01
      2026.01.09
           +0530


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