Bombay High Court

LAXMIBAI GEHNAJI SAKALE and OTHERS.versusANANDA HANWANTA SAKALE and OTHERS.

Disposal: DISPOSED OFF

Holding

The second appeal is disposed of as withdrawn.

Summary

The appellants, Laxmibai Gehnaji Sakale and others, sought to withdraw their second appeal after learning that appellants 1, 2 and 3 had died and that the remaining parties had completed the partition and handed over possession. Their counsel, Mr. Sandeep N. Lute, requested leave to withdraw the appeal on these grounds. The Court considered the request and found no impediment to the withdrawal. Consequently, the Court disposed of the second appeal as withdrawn. No substantive merits of the original dispute were addressed.

Issues considered

Whether a second appeal may be withdrawn after the parties have effected partition and possession has been handed over

Subjects

second appeal
withdrawal
partition
possession
high court
civil procedure

Judgment

2026:BHC-AUG:38644


                                                                             sa536.92
                                                  -1-


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                911 SECOND APPEAL NO. 536 OF 1992

                                 Laxmibai Gehnaji Sakale And Others.
                                               VERSUS
                                 Ananda Hanwanta Sakale And Others.
                                                   ...
                              Advocate for Appellant : Mr. Sandeep N. Lute
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 25th AUGUST, 2026

                 PER COURT :-


                 1.       Learned advocate Mr. Lute, submits that the appellant Nos.

                 1, 2 and 3 are no more. Learned advocate for the appellants, on

                 instructions of appellant Nos. 4 and 5, seeks leave to withdraw this

                 second appeal, as the partition has ben finally effected and

                 possession is handed over.



                 2.       In view of above, the second appeal is disposed of as

                 withdrawn.



                                                   (SANJAY A. DESHMUKH, J.)

                 rlj/

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