Bombay High Court

SHREE MAHAVIR ENTERPRISESversusCHAND CO-OP HSG. SOC. LTD.

Decided: 6 February 2026
Disposal: Disposed off as Withdrawn
Bench: KAMAL KHATA

Holding

The appeal is dismissed as withdrawn.

Summary

The appellant, Shree Mahavir Enterprises, filed an interim application seeking leave to withdraw its appeal in First Appeal No. 743 of 1996, stating that the dispute with the respondent, Chand Co-op Hsg. Soc. Ltd., had been settled out of court. The appellant's counsel, Adv. Ankita Rathod of S.K. Legal Associates LLP, submitted the request for withdrawal. The Court examined whether the appeal could be withdrawn after a settlement between the parties. Finding no legal impediment, the Court dismissed the appeal as withdrawn. Consequently, the interim application was also disposed of.

Issues considered

Whether an appeal may be withdrawn after the parties have settled the dispute out of court

Subjects

settlement
withdrawal of appeal
interim application
civil appellate jurisdiction
Bombay High Court

Judgment

                                                        903-asia-13418-2023.doc

         Priyanka

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

               INTERIM APPLICATION NO.13418 OF 2023
                               IN
                   FIRST APPEAL NO.743 OF 1996

Shree Mahavir Enterprises                ...Applicant/Appellant
     V/s.
Chand Co-op Hsg. Soc. Ltd.                       ... Respondent


                              _______________________

Adv. Ankita Rathod i/by S.K. Legal Associates LLP for the
Applicant.
                        _______________________

                                 CORAM : KAMAL KHATA, J.

                                 DATED : 6TH FEBRUARY 2026.

P.C. :

1.       The Advocate for the Appellant submits that the disputes

between the parties have been settled out of Court and,

accordingly, seeks leave to withdraw the Appeal.

2.       The Appeal is accordingly dismissed as withdrawn.

3.       In view of the dismissal of the Appeal, Interim Application

also stands disposed of.



                                               (KAMAL KHATA, J.)




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