Bombay High Court
SHRI. SUNDERJI MULJI SHAH AND ANRversusMUNICIPAL CORPORATION OF GREATER MUMBAI THR. ASSISTANT MUNICIPAL COMMISSIONER'T'WARD, AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The appeal may be withdrawn with liberty to approach the trial court, and the interim application stands disposed.
Summary
The appellants, Sunderji Mulji Shah and another, sought leave to withdraw their appeal against an order of the Municipal Corporation of Greater Mumbai and to approach the trial court for appropriate relief. The High Court, after hearing counsel, permitted the withdrawal of the appeal and ordered the matter to be disposed of, granting the appellants liberty to approach the trial court. The interim application filed alongside the appeal was also dismissed as it did not survive the withdrawal. No costs were awarded to either party. The Court expressly noted that it had not expressed any prima facie view on the merits of the dispute.
Issues considered
- Whether an appeal can be withdrawn after filing and with liberty to approach the trial court
- Whether the interim application survives the withdrawal of the appeal
Subjects
- withdrawal of appeal
- civil appellate jurisdiction
- interim application
- costs
- High Court of Bombay
Judgment
902.AO.350.2021.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.350 OF 2021
WITH
INTERIM APPLICATION NO.3684 OF 2019
Sunderji Mulji Shah and another Appellants
versus
Municipal Corpn of Greater Mubai and another Respondents
_______
Mr.Suresh Sabrad with Ms.Eshwaree Kudalkar i/by Mr.Suraj Kudalkar for
Appellants.
Ms.Neeta Jadhav i/by Ms.Komal Punjabi for Respondent-MCGM.
_______
CORAM : AARTI SATHE, J.
DATE : 29th September 2026
P.C.
1. Learned counsel for the Appellant on instructions seeks leave to
withdraw the Appeal from Order with liberty to approach the Trial Court to seek
appropriate reliefs in accordance with law.
2. Accordingly the Appeal from Order is allowed to be withdrawn and
disposed of with liberty as prayed for. No costs.
3. Interim Application does not survive and stands disposed of.
4. Needless to clarify that this Court has not expressed any prima facie
view on the issue and dispute in the Appeal from Order.
Digitally signed
MANISH by MANISH
SURESHRAO
SURESHRAO THATTE
THATTE Date: 2026.09.29
15:10:46 +0530
(AARTI SATHE, J.)
M.S.Thatte
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