Bombay High Court
ASHWIN CHAMPSHI GALAversusNEHAL ASHWIN GALA
- Decided
- Disposal
- Disposed Off
Holding
An appeal may be withdrawn only with the permission of the court.
Summary
The appellant, Ashwin Champshi Gala, filed a family court appeal (ST) No.22792 of 2023 against the respondent, Nehal Ashwin Gala. The appellant's counsel, Mr. Punit Vyas, sought to withdraw the appeal. The court considered whether permission was required to withdraw an appeal pending before it. The judges held that withdrawal of an appeal is permissible only with the court's leave. Accordingly, the court granted permission and ordered that the appeal and the pending interim application be disposed of as withdrawn.
Issues considered
- Whether the appellant may withdraw the appeal pending before the High Court
- Whether the court's permission is required for withdrawal of an appeal
Subjects
- appeal withdrawal
- civil procedure
- family court
- court permission
Judgment
1/1 903 IA-604-26.odt
Salgaonkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANDIRA MILIND Digitally signed by MANDIRA
MILIND SALGAONKAR
SALGAONKAR Date: 2026.01.28 10:35:19 +0530
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL (ST) NO.22792 OF 2023
WITH
INTERIM APPLICATION NO.604 OF 2026
Ashwin Champshi Gala .. Appellant
Versus
Nehal Ashwin Gala .. Respondent
…
Mr.Punit Vyas i/b Jayakar & Partners for the
Appellant/Applicant.
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATE : 23rd JANUARY, 2026
...
P.C:-
1. The learned counsel for the Appellant has instructions to
withdraw the Appeal.
2. Permission granted. The Appeal, alongwith the pending
Interim Application, stands disposed of as withdrawn.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
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