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Bombay High Court

MR. SARAFUDDIN S/O. USMAN CHOUDHARYversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY

Decided
Disposal
Dismissed

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The appeal is dismissed as withdrawn.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 Consequently, the Court dismissed the appeal as withdrawn and also disposed of the related interim application.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  • Whether an appeal pending before the High Court can be withdrawn when the suit is at the evidence stage in the Trial Court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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