Bombay High Court
ASHOK @ MALLIKARJUN NAGNATHAPPA KASTURE and ANOTHER.versusPUSHPA ASHOK @ MALLIKARJUN KASTUARE.
- Disposal
- DISPOSED OFF
Holding
The court granted leave to withdraw the second appeal, disposing it as withdrawn.
Summary
The appellants filed a second appeal in the High Court of Bombay, Aurangabad Bench, challenging orders from the Trial Court and First Appellate Court. During the pendency of the appeal, the parties reached a compromise in a related suit (No.124 of 2015) on 30 September 2016, which included a clause stating that any orders relating to the appeal would be deemed cancelled. The appellants sought leave from the court to withdraw the second appeal, citing the compromise clause. The respondent raised no objection to the withdrawal. The court, after reviewing the compromise document, granted leave to withdraw the appeal, thereby disposing of the second appeal as withdrawn and also disposing any pending civil applications.
Issues considered
- Whether a party may be granted leave to withdraw a second appeal on the basis of a compromise that provides for cancellation of the appeal.
- Whether the clause in the compromise agreement that deems prior orders cancelled is sufficient to justify withdrawal of the appeal.
Subjects
- compromise agreement
- withdrawal of appeal
- second appeal
- civil procedure
- High Court of Bombay
Judgment
2026:BHC-AUG:37396
1 904 SA.46.1994.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
904 SECOND APPEAL NO. 46 OF 1994
ASHOK @ MALLIKARJUN NAGNATHAPPA KASTURE AND ANOTHER
VERSUS
PUSHPA W/O ASHOK @ MALLIKARJUN KASTURE
...
Advocate for Appellant : Mr. V. M. Warad.
Advocate for Respondent : Ms. Meghna Gaur, h/f Ms. S. S. Choudhary.
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 18th August, 2026.
P.C.:
1 The learned counsel for the appellants pointed out the
compromise took place between the appellants and the respondent in
the Trial Court in another suit bearing No.124 of 2015. The
compromise took place on 30th September, 2016. He pointed out
clause (5) of the said compromise, wherein there is a reference to this
appeal, and that whatever orders were passed in respect of the said
appeal by the Trial Court and the First Appellate Court shall be
deemed to have been cancelled and set aside. He, therefore, seeks
leave to withdraw the second appeal.
2 The counsel for the respondent has no objection.
3 On perusal of a copy of compromise and the submissions of the
learned counsel for the appellant, it would be proper to grant leave to
2 904 SA.46.1994.odt
the appellant to withdraw the appeal.
4 Leave granted. The second appeal stands disposed of as
withdrawn.
5 Pending civil applications, if any, also stand disposed of.
[ SANJAY A. DESHMUKH, J. ]
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