Bombay High Court
MR. SARAFUDDIN S/O. USMAN CHOUDHARYversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY
- Decided
- Disposal
- Dismissed
- Bench
- KAMAL KHATA
Holding
The appeal is dismissed as withdrawn.
Summary
The appellant, Sarafuddin, filed an appeal against an order of the Trial Court while the suit was already at the evidence stage. The appellant's counsel sought leave to withdraw the appeal, arguing that the proceedings were ongoing in the lower court. The High Court considered the request and found no impediment to allowing the withdrawal. Consequently, the Court dismissed the appeal as withdrawn and also disposed of the related interim application. The Court directed the Trial Court to dispose of the suit preferably within one year from the date of the order.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn when the suit is at the evidence stage in the Trial Court
Subjects
- withdrawal of appeal
- civil appellate jurisdiction
- interim application
- trial court disposal
- procedural law
Judgment
31-asao-961-2023+.doc
Sumedh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.961 OF 2023
WITH
INTERIM APPLICATION NO.17504 OF 2023
Sarafuddin S/o. Usman Choudhary ... Appellant
V/s.
Maharashtra Housing and Area
Development Authority ... Respondent
_______________________
Mr. Ashok Mishra i/by Adv. A.M. Saraogi for the Appellant.
_______________________
CORAM : KAMAL KHATA, J.
DATED : 28TH JANUARY 2026.
P.C. :
1. The Advocate for the Appellant submits that the Suit is
already at the evidence stage before the Trial Court and
accordingly, on instructions, he 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 The Appeal is accordingly dismissed as withdrawn.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.
4. The Trial Court may dispose of the Suit preferably within a
period of one year from today.
(KAMAL KHATA, J.)
Digitally
1/1
signed by
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.01.30
12:55:28
+0530
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