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Bombay High Court

SMT. VANDANA SHIVAJI BOMBLEversusRAMBHAU YESHWANT BORASTE

Decided
Disposal
Dismissed as Withdrawn

Holding

The High Court allowed the withdrawal of the second appeal and disposed of the proceedings.

Summary

The appellant, Vandana Shivaji Bomble, filed a second appeal (No. 916 of 2022) before the High Court of Bombay against the respondents, including the estate of the deceased. During the hearing on 9 September 2026, the appellant’s counsel submitted a letter requesting withdrawal of the appeal. The court recorded the withdrawal request and marked it for identification. Upon consideration, the court permitted the withdrawal of the second appeal. Consequently, the appeal was dismissed and the matter was disposed of without further adjudication on the merits.

Issues considered

  • Whether a second appeal pending before the High Court can be withdrawn by the appellant at the stage of hearing.

Subjects

  • appeal withdrawal
  • civil appellate jurisdiction
  • High Court of Bombay
  • procedural law

Judgment

                    Sonali Mane                                                  39-SA-916-2022.docx



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                          SECOND APPEAL NO. 916 OF 2022

                    Vandana Shivaji Bomble                                        … Appellant
                             Versus

                    Rambhau Yeshwant Boraste (Decd.) Thr. Lrs.

                    Nirmala Rambhau Boraste and Ors.                            … Respondents



                    Mr. Bipin Singh i/b Mr. Pramod N. Joshi for the Appellant.
                    Mr. Mahesh Pawar i/b Mr. Sachin Gite for Respondent Nos. 1a to 1d.
                    Ms. Vandana Shivaji Bomble – Appellant present in Court.



                                                      CORAM        : SANDEEP V. MARNE, J.

                                                      DATE         : 9 SEPTEMBER 2026.

                    P.C. :


                    1)            The learned counsel appearing for the Appellant places on

                    record a letter dated 9 September, 2026 for withdrawal of the Appeal.

                    The letter is taken on record and marked "X" for identification.




                    2)        The Second Appeal is permitted to be withdrawn and disposed

                    of.



                                                                          [SANDEEP V. MARNE, J.]
       Digitally
       signed by
       MANE
MANE SONALI
SONALI DILIP
DILIP  Date:
       2026.09.10                                  ___Page No.1 of 1___
       17:13:52
       +0530
                                                     9 September 2026


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