Bombay High Court

NAGRAJ JANARDHAN PATILversusJALGAON JILHA SAHAKARI DUDH, UTAPDAK SANGH LTD., JALGAON

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The court held that the appellant’s prior settlement, undertaking, and the dismissal of the Special Leave Petition collectively preclude any further litigation, leading to the disposal of the second appeal.

Summary

Appellant Nagraj Janardan Patil, appearing in person, filed a second appeal challenging the disposal of two writ petitions in which he had undertaken not to pursue further proceedings after reaching a settlement. The Division Bench had disposed of the writ petitions on the basis of his statement. Patil then filed a Special Leave Petition in the Apex Court contesting that disposal, but the SLP was dismissed on 11 March 2024. The High Court examined whether the settlement and the dismissal of the SLP barred the continuation of the second appeal. Finding that the appellant had already given an undertaking and that the higher court had rejected his challenge, the court disposed of the second appeal. The appeal was therefore dismissed without further hearing.

Issues considered

When does a party's settlement and undertaking to the court justify the disposal of pending writ petitions?
Does the dismissal of a Special Leave Petition preclude the filing or continuation of a subsequent appeal in the High Court?
Is a second appeal maintainable after the appellant has expressly undertaken not to pursue the underlying proceedings?

Subjects

settlement
undertaking
writ petition
special leave petition
appeal disposal
high court

Judgment

2026:BHC-AUG:32832
                                                             Second Appeal No.715/2014
                                              :: 1 ::




                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                 BENCH AT AURANGABAD


                              SECOND APPEAL NO.715 OF 2014


            Nagraj Janardan Patil                       … APPELLANT
                     VERSUS
            Jalgaon Jilha Sahakari Dudh Utpadak
            Sangh Ltd.                                  … RESPONDENT

                                             .......
            Appellant Nagraj Patil, present in person
            Mr. H.F. Pawar, Advocate for respondent
                                             ....…

                                     CORAM : SACHIN S. DESHMUKH, J.
                                     DATE      : 27th JULY, 2026

            PER COURT :


            1.          Heard the appellant, party in person and learned

            counsel for the respondent.


            2.          The Division Bench of this Court, while disposing of Writ

            Petition No.8464/2021 with Writ Petition No.1381/2022, on

            2/5/2023, observed in paragraph Nos.9 and 10 as under :


                      “9. When confronted, the petitioner who appears in-
                      person submits that he undertakes not to proceed with the
                      proceedings which are reflected in the list of the
                      proceedings tendered by the learned counsel for
                                                Second Appeal No.715/2014
                                 :: 2 ::

         respondent no.4 and shall be praying to the respective
         Courts to dispose of the said proceedings in view of the
         settlement arrived at.

         10. In view of the aforesaid settlement made by the
         petitioner - party-in-person, we deem it appropriate to
         dispose of the petitions by accepting the said statement.
         The writ petitions are accordingly stand disposed of.”


3.           It appears that, thereafter, the appellant- party in person

approached before the Apex Court by preferring Special Leave

petition (Civil) Diary No(s).54046/2023, challenging the order of this

Court in aforesaid petition, which came to be dismissed on

11/3/2024.


4.           In view of the aforesaid statement and the undertaking

to this Court, the Second Appeal is disposed of.



                                     (SACHIN S. DESHMUKH, J.)


fmp/-

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