Bombay High Court

M/S.VARAD DEVELOPER THR. PARTNER SANJAY CHANDRAKANT CHAUHANversusMOHAN S. MANE (DECEASED)(THR. LRS. NILA MOHAN MANE AND OTHERS

Disposal: Disposed Off
Bench: PRAVIN SHESHRAO PATIL

Holding

The appeal was dismissed as withdrawn, and the interim applications were disposed of.

Summary

Varad Developers filed an appeal before the Bombay High Court, Circuit Bench at Kolhapur, against Shr. Mohan Shankar More and others. The appellant, through its authorized representative, submitted a letter stating that it no longer wished to pursue the appeal and sought an unconditional withdrawal. The court noted the withdrawal request and, having no further contentions, dismissed the appeal as withdrawn. Consequently, any interim applications pending in the same proceedings were also disposed of. No substantive factual or legal disputes were addressed because the matter was withdrawn by the appellant. The order was pronounced by Justice Pravin S. Patil on May 12, 2026.

Issues considered

Whether an appeal pending before the High Court can be unconditionally withdrawn by the appellant after filing?

Subjects

withdrawal of appeal
civil appellate jurisdiction
high court procedure
dismissal of appeal

Judgment

                                                            501-ao-343-2024.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION
                APPEAL FROM ORDER (ST) NO.343 OF 2024
                                 WITH
                 INTERIM APPLICATION NO.1112 OF 2024
                                 WITH
                  INTERIM APPLICATION NO.345 OF 2024

Mr. Varad Developers
Through its Partner                      ...Appellant
      V/s.
Shr. Mohan Shankar More & Ors            ...Respondents
                           ——————
Mr. Prathamesh P. Magadum i/b. Mr. Chetan Patil, Advocate for appellant.

                                ——————

                                   Coram :    Pravin S. Patil, J.
                                              Vacation Court
                                   Date     : May 12, 2026.

P. C. :

1.        Not on board. Upon mentioning, taken on production board.

2.        Mr. Sanjay Chavan, Authorized person along with Advocate present

in the Court and tendered letter informing that appellant do not want to

proceed with the present Appeal and seeks unconditional withdrawal.

3.        In view of the above, appeals stands dismissed as withdrawn.

Consequently, interim applications, if any, also stands disposed of.



                                                           [Pravin S. Patil, J.]


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