Bombay High Court

JANARDHAN DAGDU KOKATE AND ANRversusABHAYKAUMAR GOVINDRAO DESHPANDE AND ORS

Disposal: DISPOSED OFF

Holding

The Second Appeal No. 194 of 2000 is withdrawn and disposed of.

Summary

The applicants filed Civil Application No. 10904 of 2026 seeking permission to withdraw their Second Appeal No. 194 of 2000 after executing a sale deed on 13 February 2013 that settled the dispute. The court examined the application and, finding the parties had reached a settlement, allowed the withdrawal as per prayer clause (B). Consequently, the Second Appeal was formally withdrawn and disposed of. No substantive legal questions were adjudicated beyond the procedural permission to withdraw. The application for Civil Application No. 10905 of 2026 was not pressed and was dismissed.

Issues considered

Whether a Second Appeal may be withdrawn on the basis of a settlement between the parties

Subjects

withdrawal of appeal
settlement
civil procedure

Judgment

2026:BHC-AUG:43044


                                                       1                     901 CA.10904.2026 ANR.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  BENCH AT AURANGABAD.
                             901 CIVIL APPLICATION NO. 10904 OF 2026
                                          IN SA/194/2000

                            JANARDHAN DAGDU KOKATE AND OTHERS
                                                VERSUS
                     ABHAYKUMAR GOVINDRAO DESHPANDE AND OTHERS
                                                     ...
              Advocate for Applicants / Appellants : Mr. D. A. Karnik, h/f Mr. Vivek J. Dhage
                                                     ...

                                             WITH
                                  SECOND APPEAL NO. 194 OF 2000

                                              WITH
                               CIVIL APPLICATION NO. 10905 OF 2026
                                          IN SA/194/2000
                                                ...


                                                CORAM : SANJAY A. DESHMUKH, J.
                                                DATE       :   22nd September, 2026.

              Per Court:

              CIVIL APPLICATION NO. 10905 OF 2026

              1      At present, the learned counsel for the applicants / appellants

              does not press Civil Application No.10905 of 2026.              Hence, Civil

              Application No.10905 of 2026 is disposed of as not pressed.



              CIVIL APPLICATION NO. 10904 OF 2026

              2      This application is filed seeking permission to withdraw the

              Second Appeal, in view of the sale-deed dated 13 th February 2013,

              executed between the parties, which has been placed on record.
                                       2                 901 CA.10904.2026 ANR.odt


      3    For the reasons stated in the application, Civil Application

      No.10904 of 2026 is allowed in terms of prayer clause (B).

      Accordingly, Second Appeal No.194 of 2000 is disposed of as

      withdrawn.



                                       [ SANJAY A. DESHMUKH, J. ]
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