Bombay High Court

DHONDU TUKARAM BARI (DEAD) THROUGH LRS VASANT AND OTHERSversusSHRIKANT GOPALDAS KHATOD AND OTHERS

Disposal: DISPOSED OFF

Holding

Leave to withdraw the appeal was granted, and the appeal was disposed of as withdrawn.

Summary

The appellant, the estate of the deceased Dhondu Tukaram Bari represented by LRs Vasant and others, filed a second appeal (No. 320 of 2020) before the Bombay High Court, Aurangabad Bench, against respondents Shrikant Gopaldas Khatod and others. The appellant's counsel, on written instructions marked ‘X1’, sought leave of the Court to withdraw the appeal. The learned judge considered the request and the procedural provisions governing withdrawal of appeals. The Court granted leave to withdraw the appeal. Consequently, the appeal was disposed of as withdrawn, and no further adjudication on the merits was made.

Issues considered

Whether the Court may grant leave to withdraw a pending appeal upon the appellant's request

Subjects

appeal withdrawal
second appeal
procedural law
high court
leave of court

Judgment

2026:BHC-AUG:37482



                                                 (1)                 962 sa 320.20

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 962 SECOND APPEAL NO. 320 OF 2020

             DHONDU TUKARAM BARI (DEAD) THROUGH LRS VASANT AND OTHERS
                                      VERSUS
                       SHRIKANT GOPALDAS KHATOD AND OTHERS

                                                 …..
                             Advocate for Appellant : Mr. Patil Atmaram J
                                                 …..

                                           CORAM :     SANJAY A. DESHMUKH, J.
                                           DATE :      20.08.2026

           P.C.:-

           1.           The learned advocate for the appellants, on written instructions,

           seeks leave to withdraw the appeal. The said instructions are marked as ‘X1’

           for identification.


           2.           Leave granted. Appeal is disposed of as withdrawn in terms of

           written instructions.



                                                           [SANJAY A. DESHMUKH, J.]




           mubashir

Continue reading with your account

Checking your session…