Bombay High Court
MILIND JAYKUMAR KOLEversusDATTA PANCHAYATAN AND ORS.
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the Letters Patent Appeal and disposed of it as withdrawn.
Summary
The appellants, Datta Panchayatan and others, filed a Letters Patent Appeal (No. 40 of 2004) challenging the order in Writ Petition No. 7323 of 2000. During the hearing, the appellants, through their counsel, sought the Court's permission to withdraw the appeal. The Court granted the permission and ordered that the Letters Patent Appeal be disposed of as withdrawn. Consequently, the related Civil Application No. 69 of 2014 and Interim Application No. 3443 of 2022, which were pending in the same proceedings, were also deemed disposed. No substantive merits of the original dispute were addressed as the appeal was withdrawn. The judgment was delivered by Justices Sharmila U. Deshmukh and Neeraj P. Dhote.
Issues considered
- Whether the Court may permit the withdrawal of a Letters Patent Appeal after it has been filed
Subjects
- letters patent appeal
- withdrawal
- civil application
- interim application
- disposal
Judgment
2-LPA-40-2004.doc
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
by HARISH
VITHAL
HARISH CHAUDHARI
VITHAL Date:
CHAUDHARI 2026.09.04
10:23:09 CIVIL APPELLATE JURISDICTION
+0530
LETTER PATENT APPEAL NO. 40 OF 2004
IN
WRIT PETITION NO. 7323 OF 2000
Datta Panchayatan And Others ...Appellants.
Versus
Maruti Malu Salunkhe And Others ...Respondents.
WITH
CIVIL APPLICATION NO. 69 OF 2014
IN
LETTER PATENT APPEAL NO. 40 OF 2004
Datta Panchayatan
Public Charitable Trust And Others ...Applicants.
Versus
Maruti Malu Salunkhe And Others ...Respondents.
WITH
INTERIM APPLICATION NO. 3443 OF 2022
IN
LETTER PATENT APPEAL NO. 40 OF 2004
Milind Jaykumar Kole ...Applicant.
In the matter between
Datta Panchayatan And Others ...Appellants.
Versus
Maruti Malu Salunkhe And Others ...Respondents.
——————
Mr. Prajakt M. Arjunwadkar a/w Ritesh R. Raut for the Appellant.
Mr. Tejpal Ingale a/w Vrunali Vilankar & Aryan Sawant for Respondent Nos. 1B
(i to iv).
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Harish 1 of 2
2-LPA-40-2004.doc
Date : September 03, 2026.
P. C. :
1. After hearing learned counsel for the parties for some time,
learned counsel for the Appellants, on instructions, seeks permission to
withdraw the Letters Patent Appeal.
2. The Letters Patent Appeal is disposed of as withdrawn.
3. In view of disposal of the Letters Patent Appeal, Civil Applicant
and Interim Application, if any, do not survive for consideration and
stand disposed of.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Harish 2 of 2
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