Bombay High Court

SUDAM SHIVA CHAVAN AND ANOTHERversusDHONDIRAM SHAMU CHAVAN AND ORS

Disposal: Disposed off as Withdrawn

Holding

The court granted leave to withdraw the second appeal, disposing of it as withdrawn.

Summary

The appellants, Sudam Shiva Chavan and another, filed a second appeal (No. 503 of 2006) against Dhondiram Shamu Chavan and others. During the pendency of the appeal, the parties reached a settlement wherein the appellant purchased the suit premises from the respondents, as reflected in an affidavit filed on 3 July 2026. The appellant’s counsel then sought leave of the court to withdraw the second appeal. Justice Rajesh S. Patil granted the leave, ordering that the appeal be disposed of as withdrawn. Consequently, any interim applications pending in the matter were also deemed disposed.

Issues considered

Whether the court may grant leave to withdraw a pending second appeal after the parties have settled the dispute

Subjects

withdrawal of appeal
settlement
civil procedure
appellate jurisdiction
second appeal

Judgment

                                                        902-SA-503-2006 (C).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                  CIVIL APPELLATE JURISDICTION


                  SECOND APPEAL NO. 503 OF 2006
Sudam Shiva Chavan And Another             … Appellants
            V/s.
Dhondiram Shamu Chavan And Ors             … Respondents
                               WITH
           CIVIL APPLICATION(STAMP) NO. 9490 OF 2019
                                IN
                  SECOND APPEAL NO. 503 OF 2006
Shri. Dhondiram Shamu Chavan And Anr       … Applicants
            V/s.
Shri. Sudam Shiva Chavan And Anr           … Respondents
                               WITH
                CIVIL APPLICATION NO. 1224 OF 2013
                                IN
                  SECOND APPEAL NO. 503 OF 2006
Sudam Shiva Chavan D/h And Another         … Applicants
            V/s.
Dhondiram Shamu Chavan And Ors             … Respondents
                               WITH
                CIVIL APPLICATION NO. 1132 OF 2006
                                IN
                  SECOND APPEAL NO. 503 OF 2006
Sudam Shiva Chavan And Another             … Applicants
            V/s.
Dhondiram Shamu Chavan And Ors             … Respondents
                               WITH
                CIVIL APPLICATION NO. 1223 OF 2013
                                IN
                  SECOND APPEAL NO. 503 OF 2006
Sudam Shiva Chavan D/h And Another         … Applicants
            V/s.
Dhondiram Shamu Chavan And Ors             … Respondents
Mr. Shrishail Sakhare, Advocate for the Appellants.
Mr. N. J. Patil, Advocate for respondents.

                              CORAM          : RAJESH S. PATIL, J.

                              DATED          : SEPTEMBER 11, 2026




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                                                       902-SA-503-2006 (C).docx


P.C.:


1.      Mr. Sakhare, learned Advocate appearing for the Appellants, has

tendered the affidavit of Appellant No.1B dated 3 July 2026. He submits

that in the said affidavit, the Appellant has stated that the matter has

been settled between the parties, as the Appellant has purchased the

suit premises from the Respondents. The said affidavit is taken on

record.


2.      Mr. Sakhare, learned Advocate appearing for the Appellants, on

instructions, seeks leave to withdraw the Second Appeal.


3.      Leave, as prayed for, is granted. The Second Appeal is disposed of

as withdrawn.


4.      In view of the disposal of the Second Appeal, all the Interim

Applications, if any, stand disposed of accordingly.




                                                  (RAJESH S. PATIL, J.)




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