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Bombay High Court

HEMANDAS JETHANAND SONI (DECEASED) THR.HARISH HEMANDAS SONIversusSAJJAD M. ZARIWALA (DECEASED) AND ORS.

Decided
Disposal
Allowed To be withdrawn

Holding

The interim application is disposed of as withdrawn.

Summary

In First Appeal No. 879 of 2011, the appellant filed Interim Application No. 15074 of 2023 seeking interim relief. The applicant, through counsel, later requested withdrawal of the application, which faced no objection from the opposite party. The Court, after noting that all necessary documents were already on record, disposed of the interim application as withdrawn. It directed that the main appeal and cross‑objections proceed in regular course and set timelines for any reply or rejoinder to the civil application for interim relief. The civil application for interim relief was listed for hearing on 29 April 2026.

Issues considered

  • Whether the interim application seeking interim relief should be allowed to be withdrawn

Subjects

  • interim relief
  • withdrawal of application
  • civil procedure
  • appeal

Judgment

                                                                                 13-FA-879-11.doc


                                                                                                    rsk
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                            FIRST APPEAL NO.879 OF 2011
                                                        WITH
                                         CIVIL APPLICATION NO.1003 OF 2011
                                                        WITH
                                     CROSS OBJECTIONS (STAMP) NO.16104 OF 2012
                                                         IN
                                            FIRST APPEAL NO.879 OF 2011

                        Sajjad m. Zariwala (since
                        Deceased thr. His lrs.) And Anr.                  ...Appellants
                        Vs
                        Hemandas J. Soni (since Deceased) and Ors.        ...Respondents
                                                         WITH
                                      INTERIM APPLICATION NO.15074 OF 2023
                              _____________________________________________________
                        Mr. V. A. Shastry for the Appellants.
                        Mr. Ajit Karwande for Respondent in FA and for Applicant in IA
                        No.15074/2023.
                               _____________________________________________________

                                                         CORAM :      JITENDRA JAIN, J.
                                                         DATED :      04 MARCH 2026

                        P. C.:
                                 INTERIM APPLICATION NO.15074 OF 2023
                        1.       Learned counsel for the applicant, on instructions, prays for

                        withdrawal of the present application.


           Digitally
                        2.       There is no objection to the same. Interim Application is disposed
           signed by
           RAJESHWARI
RAJESHWARI SUBODH
SUBODH     KARVE
KARVE      Date:
           2026.03.04
                        of as withdrawn.
           17:20:03
           +0530



                                 FIRST APPEAL NO.879 OF 2011

                        3.       Admit. Mr. Shastri states that all the documents required for

                        disposal of this matter are already on record and no further documents



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                                                        13-FA-879-11.doc


will be filed by him.

4.    Records and Proceedings, if not called for be called. Appeal and

Cross-Objections to come up for hearing in its regular course.

5.    Reply, if any to the Civil Application for grant of interim relief to

be filed and served within four weeks from today. Rejoinder, if any to be

filed within two weeks thereafter.

6.    List the Civil Application for interim relief on 29 April 2026.


                                                [ JITENDRA JAIN, J. ]




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