Bombay High Court
M/S. M. I. BUILDERS THR. PARTNER MR. MOHSIN IQBAL SHAIKH AND ORS.versusTHE MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA) AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal was allowed to be withdrawn and the interim application was disposed of, resulting in the appeal being dismissed.
Summary
M.I. Builders (appellants) filed an appeal against an order dated 2026 and simultaneously moved an interim application (No.7438 of 2026). The appellants later sought leave to withdraw the appeal. The High Court, after hearing counsel, allowed the withdrawal and ordered the appeal to stand disposed. The court also directed that the pending Notice of Motion No.4875 in L.C. Suit No.2074 be heard and disposed of on 11 October 2026 without any adjournment. Additionally, the court held that the interim application does not survive and is disposed of. All other contentions of the parties were left open for future determination.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn at the request of the appellant.
- Whether the interim application filed alongside the appeal survives after the appeal is withdrawn.
Subjects
- appeal withdrawal
- interim application
- Civil Procedure Code
- High Court of Bombay
- order disposal
Judgment
1 of 2 902.AO.945.2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.945 OF 2026
WITH
INTERIM APPLICATION NO.7438 OF 2026
M/s.M.I.Builders through Partner
Mohsin Iqbal Shaikh and others Appellants
versus
The Maharashtra Housing and Area
Development Authority and others Respondents
_______
Mr.Akash Rebello with Mr.Nadeem Shama, Ms.Bushra Sayed i/by Arman Parve for
Appellants.
Mr.Prakash Lad for Respondent nos.1 and 2 MHADA.
Ms.Neeta Jadhav i/by Ms.Komal Punjabi for Respondent no.3 MCGM.
_______
CORAM : AARTI SATHE, J.
DATE : 22nd September 2026
P.C.
1. Learned counsel on behalf of the Appellants on instructions seeks leave
to withdraw the Appeal from Order. Accordingly the Appeal from Order is allowed
to be withdrawn and stands disposed of as such.
2. In the mean time, the hearing of the Notice of Motion No.4875 of
2026 in L.C.Suit No.2074 of 2026, which is scheduled before the Trial Court on
11th October 2026, an endeavour be made by the Trial Court to dispose of the
Notice of Motion on 11th October 2026. The parties shall not seek adjournment
MANISH
Digitally signed
by MANISH
SURESHRAO
on the said date.
SURESHRAO THATTE
THATTE Date: 2026.09.22
18:25:50 +0530
3. All contentions of the parties are expressly kept open.
M.S.Thatte
2 of 2 902.AO.945.2026.DOC
4. Interim Application No.7438 of 2026 does not survive and stands
disposed of as such.
(AARTI SATHE, J.)
M.S.Thatte
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