Bombay High Court

KARBHARI VITHOBA BODAKE and ORS.versusEKNATH VITHOBA BODAKE (DECD.)BY HEIRS

Decided: 7 September 2026
Disposal: Disposed Off

Holding

An appeal pending before the High Court may be withdrawn when the parties have settled the dispute and executed a compromise deed indicating their intention to withdraw.

Summary

The appellants, Karbhari Vithoba Bodake and others, filed a second appeal against the decree of the deceased Eknath Vithoba Bodake's heirs. The parties had earlier resolved all disputes by executing a compromise deed on 16 October 2003, wherein the appellants agreed to withdraw the appeal. Counsel for the appellants argued that the appeal had inadvertently remained pending despite the settlement. The High Court examined the compromise deed and the parties' intention to withdraw the appeal. Finding that the dispute was settled and the parties desired withdrawal, the Court permitted the appeal to be withdrawn as disposed of.

Issues considered

Whether a pending appeal can be withdrawn after the parties have settled their dispute and executed a compromise deed.

Subjects

compromise deed
withdrawal of appeal
settlement
civil appellate jurisdiction
second appeal

Judgment

  2026:BHC-AS:36711

                          Renuka                                                   13-SA-427-2003.docx


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                 SECOND APPEAL NO. 427 OF 2003
                          Karbhari Vithoba Bodake and Ors.                          ...Appellant
                                                V/s.

                          Eknath      Vithoba     Bodake   (Decd.)By               ...Respondent
                          Heirs
                                                           ________________
                          Mr. Anilkumar Patil for Appellant.
                                                           ________________
                                                                    CORAM: SANDEEP V. MARNE, J.
                                                                     DATED: 7 SEPTEMBER 2026.


                          P.C.:


                          1)             Mr. Patil, the learned counsel appearing for the Appellants
                          submits that the parties have long time back settled the disputes
                          amongst them on 16 October 2003, under which the Appellants had
                          agreed to withdraw the Appeal. He submits that inadvertantly the Appeal
                          remained to be withdrawn. A copy of compromise deed executed between
                          the parties on 16 October 2003 is placed on record which is marked ‘X’
                          for identification.


                          2)             Second Appeal is accordingly permitted to be withdrawn as
                          disposed of.


                                                                                [SANDEEP V. MARNE, J.]



Signed by: Renuka S Thakur
                                                               Page No.1 of 1
Designation: PA To Honourable Judge                         7 SEPTEMBER 2026
Date: 07/09/2026 19:40:22

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