Bombay High Court
Shree Tatyasaheb Kore Warana Sahakari Sakhar Karkhana LtdversusMs Elite Sainik Security Services
- Disposal
- Disposed off as Withdrawn
Holding
The court held that the appellant may withdraw the second appeal with the court’s leave, and therefore the appeal was dismissed as withdrawn.
Summary
The appellant, Shree Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging a district court judgment that set aside an earlier order rejecting a plaint. The appellant's counsel sought leave to withdraw the appeal, stating that the appellant would retain the right to raise all objections if the respondent later instituted a suit based on the impugned judgment. The court considered whether the appellant could be permitted to withdraw the appeal at this stage. Relying on the provisions of Section 100 CPC, which allow a party to withdraw an appeal with the court's permission, the bench granted the request. Consequently, the second appeal was disposed of as withdrawn, leaving the original judgment in force.
Issues considered
- Whether the appellant is entitled to withdraw a second appeal filed under Section 100 of the CPC after it has been instituted.
Legislation cited
- Code of Civil Procedure, 1908 — s. 100
Subjects
- withdrawal of appeal
- Section 100 CPC
- civil procedure
- appellate jurisdiction
- procedural law
Judgment
912-SA-229-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 229 OF 2026
Shree Tatyasaheb Kore
Warana Sahakari Sakhar Karkhana Ltd ...Appellant
Versus
Ms Elite Sainik Security Services ...Respondent
_______________________________________________________________
Mr. Datta Pawar a/w Sakshi Jankar and Eshan Nayak, Advocate for the
Appellant.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th October, 2026.
P.C. :
1. Heard Mr. Datta Pawar, learned Advocate for the Appellant.
2. By this Second Appeal filed under Section 100 of Code of Civil
Procedure, 1908, the Appellant (original Defendant) assails the
Judgment and Decree dated 31.08.2026, passed by the District Judge-7,
Kolhapur (“Appellate Court”) in Regular Civil Appeal No. 12 of 2026, by
which the order dated 06.12.2026, passed by the Civil Judge Senior
Division, Kolhapur in Special Civil Suit No. 67 of 2025, rejecting the
plaint has been set aside.
3. Mr. Datta Pawar, learned Advocate for the Appellant, on
instructions from the Authorized Representative of the Appellant No. 1,
Arjun 1
912-SA-229-2026.doc
seeks leave to withdraw this Appeal. He submits that in the event the
Respondent files any suit pursuant to the impugned Judgment and
Decree dated 06.12.2025, then all the contentions of the Appellant be
left open. The Appellant is always at liberty to raise all objections in the
event the Respondent chooses to file a suit.
4. In view of the statement made by Mr. Datta Pawar, learned
Advocate for the Appellant, leave is granted to withdraw the present
Second Appeal.
5. Second Appeal No. 229 of 2026 is disposed of as withdrawn.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.09
21:28:12
+0530
Arjun 2
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