Bombay High Court

M/S MIG BANDRA REALTORS AND BUILDERS PVT. LTDversusAKSHAY PASARKAR AND ORS

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The second appeal was disposed of as withdrawn, and the interim application was also dismissed.

Summary

Mig Bandra Realtors and Builders Private Limited filed a second appeal against Akshay Pasarkar and others. The appellant, through counsel, sought leave to withdraw the appeal, citing a settlement between the parties. The Court granted the request, disposing of the second appeal as withdrawn. Consequently, the related interim application was also dismissed as there was nothing left to adjudicate. The court directed the appellant that they may approach the Maha RERA Appellate Tribunal to withdraw the pending appeal there as well.

Issues considered

Whether a party may withdraw a second appeal after filing it
Effect of withdrawal on related interim applications

Subjects

withdrawal of appeal
settlement
Civil Appellate Jurisdiction
Maha RERA Appellate Tribunal
interim application

Judgment

                          Renuka                                               903-SA-592-2024.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                             SECOND APPEAL NO. 592 OF 2024
                                                            WITH
                                         INTERIM APPLICATION NO. 13110 OF 2024
                          Mig Bandra Realtors And Builders
                          Private Limited                                   ...Appellant/Applicant

                                            V/s.

                          Akshay Pasarkar and Ors                              ...Respondents
                                                      ________________
                          Mr. Rushabh Parekh with Mr. Munaf Virjee i/b AMR Law for Appellant.
                          Mr. Rakesh V. Misar, Ms. Vaishnavi Tiwari i/b RVM Legal for
                          Respondents.
                                                      ________________
                                                              CORAM: SANDEEP V. MARNE, J.
                                                                  DATED: 18 AUGUST 2026.


                          P.C.:


                          1)           Mr. Parekh, the learned counsel appearing for the Appellant,
                          on instructions, seeks leave of the Court to withdraw the Appeal.


                          2)           Second Appeal is disposed of as withdrawn.


                          3)           Nothing survives in the Interim Application, and the same
                          is also disposed of. Appellant would be at liberty to to move the Maha
                          Rera Appellate Tribunal for withdrawal of the Appeal pending before the
                          Tribunal, in view of settlement arrived between the parties.


                                                                            [SANDEEP V. MARNE, J.]

Signed by: Renuka S Thakur
                                                           Page No.1 of 1
Designation: PA To Honourable Judge                       18 August 2026
Date: 19/08/2026 12:28:35

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