Bombay High Court

RAJEN S/O.SHANTU BHATIAversusVIREN NARANDAS BHATIA AND ANR.

Decided: 17 August 2026
Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the appeal and dismissed it as withdrawn.

Summary

The appellants, Smt. Usha w/d Shantu Bhatia & Ors., filed First Appeal No. 625 of 2021 before the High Court of Bombay against respondents Viren Narandas Bhatia & Anr. During the pendency of the appeal, the appellants, through their counsel, expressed that they no longer wished to prosecute the appeal and sought the Court's permission to withdraw it. The sole procedural issue before the Court was whether a party may be allowed to withdraw a pending appeal at the appellate stage. The Court examined the procedural rules governing withdrawal of appeals and found no impediment to permitting the withdrawal when the parties consent. Accordingly, the Court granted leave to withdraw and dismissed the First Appeal as withdrawn. The Court also held that any interim application filed in connection with the appeal would not survive the withdrawal and ordered its disposal. The judgment thus concluded with the dismissal of the appeal and disposal of the interim application.

Issues considered

Whether a pending civil appeal may be withdrawn with the Court's permission at the appellate stage

Subjects

withdrawal of appeal
civil appellate jurisdiction
procedural law
high court of Bombay

Judgment

10-FA-625-2021 (C) .DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 625 OF 2021
WITH
INTERIM APPLICATION NO.12946 OF 2023
IN
FIRST APPEAL NO. 625 OF 2021
Digitally
signed by
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL Smt. Usha Wd/o. Shantu Bhatia & Ors. … Appellants
PATIL Date:
2026.08.18
11:40:29
+0530
Versus
Viren Narandas Bhatia & Anr. … Respondents

_______
Mr. Jash Saigal i/b. Mr. Piyush N. Shah for the Appellants
Mr. Ankit Singhal with Jyti Ghag and Shailesh Prajapati i/b. Dua
Associates for the Respondents
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 17th AUGUST, 2026

P.C.

1. Mr. Saigal, on instructions of Mr. Shah who is Advocate on record in the

matter, submits that their clients are not desirous of prosecuting the captioned

First Appeal. He seeks leave to withdraw the same. The First Appeal is dismissed

as withdrawn.

2. Interim Application, if any, would not survive and is accordingly,

disposed of.

[ARIF S. DOCTOR, J.]

Basavraj Page|1

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