Bombay High Court

1. BAPU BHAU SOLAWANE and OTHERSversus1. NAGNATH SADASHIV SOLAWANE (D/H) 1.A. SAGYAJAN NAGNATH SOLAWANE and OTHERS

Disposal: Disposed Off

Holding

The court allowed the withdrawal of the second appeal, disposing of it and vacating any interim relief.

Summary

The appellants, Bapu Bhau Solawane & Ors, filed a second appeal (No. 253 of 2014) before the Bombay High Court, Circuit Bench at Kolhapur, against Nagnath Sadashiv Solawane (deceased). During the hearing, counsel for the appellants informed the court that the parties had settled their dispute and sought leave to withdraw the appeal. The court granted liberty to withdraw, thereby disposing of the second appeal as withdrawn. Consequently, all pending civil applications (Nos. 18550 and 18548 of 2019) were also disposed of. Any interim relief previously granted in the appeal was vacated as a result of the withdrawal.

Issues considered

Whether a second appeal can be withdrawn by the appellant after filing.
Effect of withdrawal of an appeal on pending civil applications and interim relief.

Subjects

withdrawal of appeal
settlement of dispute
civil procedure
interim relief vacated
high court jurisdiction

Judgment

                                                                          501.docx


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION
                SECOND APPEAL NO. 253 OF 2014
                               WITH
            CIVIL APPLICATION ST NO. 18550 OF 2019
            CIVIL APPLICATION ST NO. 18548 OF 2019
                                IN
                SECOND APPEAL NO. 253 OF 2014
Bapu Bhau Solawane & Ors                       ….Appellants
      Vs.
Nagnath Sadashiv Solawane
(Since deceased, by His L.Rs.)                 ….Respondents

                           ——————
Mr. V. M. Humbe (Through VC), Advocate for the appellants.
Mr. Ishan Kapre a/w. Tejas Patil, Advocate for respondent no.1.
                           ——————

                                    Coram :         RAJESH S. PATIL, J.

                                    Date        :   AUGUST 21, 2026.

P. C. :

1.        Not on Board. Upon mentioning, taken on production board.

2.        Mr. V. M. Humbe, on instructions of his client, learned counsel

for the appellant seeks leave to withdraw the Second Appeal as the

dispute between the parties has been settled.

3.        Liberty, as prayed for, is granted.

4.        The Second Appeal stands disposed of as withdrawn. In



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                                                               501.docx


consequence, all pending Civil Applications stand disposed of.

5.    In view of the disposal of the Second Appeal, interim relief, if

any, granted therein stands vacated.

                                               (RAJESH S. PATIL, J.)




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