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Bombay High Court

DHONDIRAM RAMCHANDRA MOREversusGHANGADHAR RAMCHANDRA MORE and ANR

Disposal
DISPOSED OFF

Holding

The court held that, upon receipt of proper written instructions, it may grant leave to withdraw a second appeal.

Summary

The appellant, Dhondiram Ramchandra More, filed a second appeal before the Bombay High Court, Aurangabad Bench. The appellant's counsel submitted written instructions authorising the withdrawal of the appeal. The court recorded the instructions as exhibit X‑1. The appellant then sought leave of the court to withdraw the second appeal. The bench granted the leave, ordering that the second appeal stand disposed of as withdrawn.

Issues considered

  • Whether the appellant may be permitted to withdraw the second appeal at this stage of the proceedings
  • Whether the court's leave is required for the withdrawal of an appeal

Subjects

  • withdrawal of appeal
  • second appeal
  • procedural law
  • High Court
  • leave of court

Judgment

2026:BHC-AUG:38124


                                                       1                            1 SA.717.2008.odt


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                    BENCH AT AURANGABAD.
                                  1 SECOND APPEAL NO. 717 OF 2008

                               DHONDIRAM RAMCHANDRA MORE
                                         VERSUS
                          GANGADHAR RAMCHANDRA MORE AND ANOTHER

                                                     ...
               Mr. B. A. Husale, Advocate for Appellant.

               Ms. Akanksha V. Salgar, h/f Mr. S. S. Chapalgaonkar, Advocate for
               Respondent No.1.
                                               ...


                                                CORAM : SANJAY A. DESHMUKH, J.
                                                DATE       :   24th August, 2026.

               P.C.:

               1       The learned counsel for the appellant places on record written

               instructions authorising him to withdraw the second appeal. The said

               written instructions are taken on record and marked as “X-1” for

               identification.


               2       In view of the said written instructions, the learned counsel for

               the appellant seeks leave to withdraw the second appeal.


               3       Leave granted.    The second appeal stands disposed of as

               withdrawn.



                                                       [ SANJAY A. DESHMUKH, J. ]
         nga


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