Bombay High Court

SHRIPATI RANGARO BABURAO CHAVAN DHversusBABURAO RAMCHANDRA TORASKAR

Disposal: Disposed off as Withdrawn

Holding

Leave was granted to withdraw the second appeal, and the appeal was disposed of as withdrawn.

Summary

The appellants, Shripati Rangrao @ Baburao Chavan and others, filed a second appeal (No. 157 of 2026) seeking to set aside a prior judgment confirming a partition decree and to obtain a decree carving out a one‑quarter share of the suit land with an injunction against construction. During the hearing, the appellants' counsel, Mr. Amey V. Mahajan, requested leave to withdraw the second appeal, a request that was not opposed by the respondents' counsel, Ms. Siddheshwari R. Chavan. The court considered the procedural rule allowing a party to withdraw an appeal with the court's permission. The judge granted leave to withdraw the appeal, noting the unopposed nature of the request. Consequently, the second appeal and the related interim application were both disposed of as withdrawn.

Issues considered

Whether the court may grant leave to withdraw a second appeal under the Civil Procedure Code

Subjects

Second Appeal
Withdrawal of Appeal
Civil Procedure
Partition Suit
Injunction

Judgment

                                                                                 501-sa157-2026.docx


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                           CIVIL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by




                                         SECOND APPEAL NO. 157 OF 2026
VAIBHAV RAMESH
JADHAV
Date: 2026.08.21
11:18:41 +0530




                                                     WITH
                                      INTERIM APPLICATION NO. 908 OF 2026
                                                      IN
                                         SECOND APPEAL NO. 157 OF 2026


                      Shripati Rangrao @ Baburao Chavan
                      (D.H.) Sushila Shripati Chavan & Ors.           …Appellants
                                  V/s.
                      Baburao Ramchandra Toraskar & Ors.              …Respondents



                      Mr. Amey V. Mahajan with Ms. Shruti A. Mahajan i/by Mr.
                      Vijay B. Mahajan for the Appellants.
                      Ms. Siddheshwari R. Chavan i/by Mr. Chetan G. Patil for
                      the Respondents.



                                            CORAM : ASHWIN D. BHOBE, J.

                                            DATED      : AUGUST 20, 2026
                      P.C.:


                      1.      Heard Mr. Amey Mahajan, learned Advocate for the Appellants,

                      and Ms. Siddheshwari Chavan, learned Advocate for the Respondents.


                      2.      By the present Second Appeal, the Appellants have sought for the

                      following substantive reliefs:


                              “C) Set aside a Judgment and Decree Dated 06/11/2025
                              passed in Regular Civil Appeal No. 313/2017 confirming the
                              Judgment and Decree passed in Regular Civil Suit No. 41 of 2017.

                              D)    Suit of the Plaintiff/Appellant kindly be decreed and decree



                      VRJ                                                                         1
                                                          501-sa157-2026.docx


      be passed to carve out the 1/4th share of appellants in suit land by
      metes and bounds and Injunction be issued against Respondent
      No.1 not to make any construction till Partition of the suit land.”


3.    Mr. Amey Mahajan, learned Advocate for the Appellants, on

instructions from the Appellants, seeks leave to withdraw the present

Second Appeal. The request is not opposed by Ms. Siddheshwari

Chavan, learned Advocate for the Respondents.


4.    In view of the statement made by Mr. Amey Mahajan, learned

Advocate for the Appellants, leave is granted to withdraw Second

Appeal No. 157 of 2026.


5.    Second Appeal No. 157 of 2026 stands disposed of as withdrawn.


6.    Interim Application No. 908 of 2026 also stands disposed of.




                                           (ASHWIN D. BHOBE, J.)




VRJ                                                                        2

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