Bombay High Court

RAMESH APPA HARMALKARversusROHIDAS APPA HARMALKAR (SINCE DECEASED THR LRS) AND ANR

Disposal: Withdrawn

Holding

The second appeal is dismissed as withdrawn.

Summary

The appellant, Ramesh Appa Harmalkar, filed a second appeal challenging a decree in a suit concerning a property. He submitted an affidavit stating that the suit premises had collapsed and that the respondents had vacated the property, thereby satisfying the reliefs sought in the original suit. The appellant also noted that the respondents had instituted a separate suit (No. 206/2021/G) before the Civil Judge Junior Division, Mapusa, to finally determine the parties' rights and liabilities. On this basis, the appellant's counsel sought permission to withdraw the second appeal. The Court, after considering the affidavit and the request, dismissed the second appeal as withdrawn.

Issues considered

Whether a second appeal may be withdrawn on the ground that the reliefs sought in the original suit have been satisfied

Subjects

withdrawal of appeal
civil procedure
suit satisfaction
second appeal

Judgment

   2026:BHC-GOA:1787
                                                              22 SA 31 2025

                              Jose

                                     IN THE HIGH COURT OF BOMBAY AT GOA
                                                SECOND APPEAL NO.31 OF 2025

                        RAMESH APPA HARMALKAR                                      ... APPELLANT
                          Versus
                        ROHIDAS APPA HARMALKAR (SINCE
                        DECEASED THR LRS) AND ANR                                  ... RESPONDENTS


                        Mr Sahil S. Deshprabhu, Advocate for the Appellant.


                                                 CORAM:- S. G. CHAPALGAONKAR, J.
                                                 DATED :- 4th September, 2026

                        P.C.:
                        1.         The Appellant has tendered an affidavit stating that the suit
                        room has been collapsed and Respondents have moved out of suit
                        property. Thus, reliefs sought in the original suit of the appeal have
                        been satisfied. Apart from that, the Respondents have filed a suit
                        bearing No. 206/2021/G before Civil Judge Junior Division at
                        Mapusa, Goa, wherein the rights and liabilities between the parties
                        shall be finally decided.
                        2.         In light of events as stated in the affidavit, learned Counsel
                        appearing for the Appellant seeks permission to withdraw the
                        Second Appeal.
                        3.        Accordingly, Second Appeal stands dismissed as withdrawn.



                                                                    S. G. CHAPALGAONKAR, J.
Signed by: JOSE FRANCISCO
DSOUZA
                                                                Page 1 of 1
Designation: Personal Assistant
Date: 04/09/2026 14:07:53                                    4th September, 2026

Continue reading with your account

Checking your session…