Bombay High Court

ADITYA AJIT DESAIversusMRS. PRACHI AADITYA DESAI NEE PRACHI SURESH SALVI

Decided: 7 July 2026
Disposal: Allowed To be withdrawn
Bench: SHARMILA U DESHMUKH

Holding

The appeal may be withdrawn at the appellant's request, and the interim application does not survive and is disposed.

Summary

The appellant, Aditya Ajit Desai, filed an appeal against Order No.132 of 2023 and also raised an interim application. The appellant, through counsel Ms. Nidhi Chawda (on behalf of Indira Labde), sought permission to withdraw the appeal. The High Court considered whether the appeal could be withdrawn and what the fate of the interim application would be. The Court allowed the withdrawal, disposing of the appeal as withdrawn. Consequently, the interim application was held not to survive for further consideration and was also disposed.

Issues considered

Whether an appeal filed under Order No.132 of 2023 can be withdrawn at the appellant's request
Whether the interim application filed alongside the appeal continues to be pending after withdrawal of the appeal

Subjects

withdrawal of appeal
interim application
disposal of proceedings
civil procedure

Judgment

  2026:BHC-AS:27896

                                                                                       501 AO 132-23.doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                               APPEAL FROM ORDER NO.132 OF 2023
                                                             WITH
                                              INTERIM APPLICATION NO. 1710 OF 2023
                                                              IN
                                               APPEAL FROM ORDER NO.132 OF 2023

                             Aditya Ajit Desai                                      ... Appellant.
                                      Versus
                             Mrs. Prachi Aaditya Desai Nee Prachi Suresh            ... Respondent.
                             Salvi

                                                           —————
                            Ms. Nidhi Chawda h/f. Indira Labde for the Appellant.
                                                           —————

                                                             Coram : Sharmila U. Deshmukh, J.
                                                             Date : July 07, 2026
                            P.C. :

                            1.       Not on board. Upon mentioning, taken on production board.

                            2.       Learned counsel appearing for the Appellant, on instructions,

                            seeks permission to withdraw the Appeal. Appeal from Order is

                            disposed of as withdrawn.

                            3.       Interim Application does not survive for consideration and

                            stands disposed of.


                                                                       [Sharmila U. Deshmukh, J.]




                             sa_mandawgad                     1 of 1
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 08/07/2026 14:39:08

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