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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The appeal is disposed of as withdrawn.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The Court considered the request and, finding no objection from the respondent, ordered the appeal to be disposed of as withdrawn.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  • Whether an appeal can be withdrawn after filing when the parties have settled the dispute and filed consent terms in the trial court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
                                                    ----------
                    Ms Aishwarya Tuwar i/b Ms Gargi Warunjikar for Appellant.
                    None for the Respondent.
                                                    -----------
                                                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.)




                                                   Page 1 of 1
                    Meera Jadhav


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