Bombay High Court
SHRI SALEEM ISMAILversusMR. FAISAL FIROZ MEMON
- Decided
- Disposal
- Allowed
Holding
The appeal is disposed of as withdrawn.
Summary
Shri Saleem Ismail filed an appeal against Order No. 752 of 2024 in the Bombay High Court. The appellant, through counsel Ms. Aishwarya Tuwari (on behalf of Ms. Gargi Warunjikar), sought leave to withdraw the appeal because the underlying dispute had been settled and consent terms were filed in the trial court. The Court considered the request and, finding no objection from the respondent, ordered the appeal to be disposed of as withdrawn. No costs were awarded to either party. Consequently, the related interim application was also deemed disposed as it could not survive the withdrawal of the appeal.
Issues considered
- Whether an appeal can be withdrawn after filing when the parties have settled the dispute and filed consent terms in the trial court
Subjects
- appeal withdrawal
- settlement
- consent decree
- civil procedure
- high court
Judgment
Digitally
signed by 501-AO-752-24.DOC
MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.09.01
19:22:20
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 752 OF 2024
Shri Saleem Ismail ...Appellant
Versus
Mr. Faisal Firoz Memon ...Respondent
WITH
INTERIM APPLICATION NO. 14202 OF 2024
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Ms Aishwarya Tuwar i/b Ms Gargi Warunjikar for Appellant.
None for the Respondent.
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CORAM: AARTI A. SATHE, J.
DATED: 1st SEPTEMBER 2026
P.C.
1. Not on board. Taken on production board.
2. Learned Counsel appearing on behalf of the Appellant on instructions
seeks leave to withdraw the aforesaid Appeal from Order, in view of the fact
that the matter has got settled and consent terms have been filed in the
Trial Court.
3. In view of the aforesaid, Appeal from order is disposed off as
withdrawn.
4. No costs.
5. In view of the withdrawal of the Appeal from order, interim
application does not survive and accordingly stands disposed off.
(AARTI A. SATHE, J.)
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Meera Jadhav
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