Bombay High Court

SHAHABAZKHAN UMAR KHAN.versusDASHRATH MAHADU INGOLE.

Disposal: DISPOSED OFF

Holding

Leave to withdraw the second appeal was granted, resulting in the disposal of the appeal and the related civil application.

Summary

The appellant, Shahabazkhan Umar Khan, filed a second appeal (No. 418 of 1993) and simultaneously a civil application (No. 1952 of 2018). The appellant's counsel, based on written instructions from the client, moved before the High Court seeking leave to withdraw the appeal. The Court examined the request and, applying the principles governing withdrawal of appeals, granted leave for the withdrawal. Consequently, the second appeal was disposed of as withdrawn. With the appeal withdrawn, the Court found no pending issues in the related civil application and ordered its disposal as well.

Issues considered

Whether the Court may grant leave to withdraw a pending second appeal under the Civil Procedure Code.

Subjects

withdrawal of appeal
second appeal
civil procedure
high court
disposal of proceedings

Judgment

2026:BHC-AUG:42771


                                                                                sa418.93
                                                   -1-


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                906 SECOND APPEAL NO. 418 OF 1993
                                               WITH
                                CIVIL APPLICATION NO. 1952 OF 2018

                                     Shahabazkhan Umar Khan
                                               VERSUS
                                      Dashrath Mahadu Ingole
                                                    ...
                 Advocate for Appellant : Mr. S. S. Londhe
                 Advocate for Respondent No.2 : Mr. Amol Lipne
                 Advocate for Respondent Nos. 3a To 3d : Ms. A.N. Ansari
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 11th SEPTEMBER, 2026

                 PER COURT :-


                 1.         Learned advocate for the appellant, on the basis of written
                 instructions received by him from his client, which is taken on record
                 and marked “X-1” for identification, seeks leave to withdraw this
                 appeal.


                 2.         Leave    granted.   The second appeal is disposed of as
                 withdrawn.


                 3.         In view of disposal of the second appeal, nothing further
                 survives for consideration in pending civil application and the same is
                 also disposed of.



                                                    (SANJAY A. DESHMUKH, J.)

                 rlj/

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