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Bombay High Court

DATTA PANCHAYATAN AND ORS.versusMARUTI MALU SALUNKHE AND ORS.

Disposal
Allowed To be withdrawn

Holding

The Court allowed the withdrawal and disposed of the Letters Patent Appeal as withdrawn.

Summary

The appellants, Datta Panchayatan and others, had filed Letter Patent Appeal No. 40 of 2004 against Maruti Malu Salunkhe and others. During the hearing, the appellants, through counsel, sought the Court's permission to withdraw the appeal. The Court entertained the request and ordered that the Letters Patent Appeal be disposed of as withdrawn. Consequently, the Civil Application No. 69 of 2014 and the Interim Application No. 3443 of 2022, which were pending in the same proceedings, were also deemed to stand disposed. No further merits of the dispute were considered as the proceedings were terminated upon withdrawal.

Issues considered

  • Whether the appellant may be permitted to withdraw the Letters Patent Appeal and the associated civil and interim applications?

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
          by HARISH
HARISH
VITHAL
          VITHAL
          CHAUDHARI                               CIRCUIT BENCH AT KOLHAPUR
          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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