Bombay High Court

SARASWATIBAI SIDHLINGAPPA VYAVHARE AND OTHERSversusANNAPURNA MANOHAR KHADKE AND OTHERS

Disposal: DISMISSED
Bench: R M JOSHI

Holding

The appeal was dismissed on account of the appellant's withdrawal, and all interim relief and pending civil applications were vacated and disposed of.

Summary

The appellants, represented by Advocate B. R. Kedar, filed a written request to withdraw their second appeal (SA/705/2015). The High Court recorded the instructions and, pursuant to the withdrawal, dismissed the appeal. Consequently, any interim relief that had been granted was vacated. The Court also ordered that any pending civil application related to the matter be disposed of. No substantive merits of the original dispute were addressed as the appeal was withdrawn.

Issues considered

Whether an appeal may be withdrawn by the appellant at the appellate stage
What is the effect of withdrawal on any interim relief granted
What is the status of pending civil applications once the appeal is withdrawn

Subjects

withdrawal of appeal
dismissal of appeal
interim relief
civil application
procedural law

Judgment

                                    -1-
                                                          sa705.15.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

            955 SECOND APPEAL NO. 705 OF 2015 WITH
                CIVIL APPLICATION NO. 520 OF 2026
                       IN SA/705/2015 WITH
              CIVIL APPLICATION NO. 15891 OF 2015
                          IN SA/705/2015

Saraswatibai Sidhlingappa Vyavhare
& others                                         ….Appellants

VERSUS

Annapurna Manohar Khadke & others                …..Respondents

Mr. B. R. Kedar, Advocate for Appellant
Mr. R. S. Deshmukh, Senior Counsel instructed by Mr. R. K.
Ashtekar, Advocate for Respondent Nos. 1, 2, 4a to 4d.

                                  CORAM : R. M. JOSHI, J.
                                  DATE : 12th JUNE, 2026.
PER COURT :


1.      Learned     Counsel for Appellants, on written instructions,
seeks withdrawal of the appeal.
2.    Written instructions are taken on record and marked ‘X’ for
identification.
3.    In view of the above, Second Appeal stands dismissed. Interim
relief, if any, stands vacated.
4.    Pending civil application, if any, does not survive and stands
disposed of.



                                                 ( R. M. JOSHI, J.)

dyb

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