Dismissed¶23

Ashok Dhulaji Aware v. Balkrishna Vyankatesh Deshmukh and Anr.

Bombay HC2 Dec 2025CA/2936/2009

Case brief

AI extract

What is this about?

Dismissal of second appeal as withdrawn with liberty; withdrawal of appeal on instructions relying on Laxmi Chand v. Gram Panchayat, Kararia, AIR 1996 SC 523 (para 3); continuation of interim relief granted in C.A. No. 3043/1995 since 1995 for a further six weeks; Balkrishna Vyankatesh Deshmukh v. State of Maharashtra through Collector Jalna; Bombay High Court, Aurangabad Bench; Abhay J. Mantri, J.; dated 02-12-2025; neutral citation 2025:BHC-AUG:33298; civil applications disposed of; no merits adjudication.

What did the court decide?

Leave to withdraw the Second Appeals with liberty to file appropriate proceedings before the appropriate forum; interim relief (running since 1995 in C.A. No. 3043/1995) continued for a further six weeks; civil applications disposed of. ¶23

Ashok Dhulaji Aware Vs Balkrishna Vyankatesh Deshmukh and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the appellant may be permitted to withdraw the Second Appeals with liberty to file appropriate proceedings before the appropriate forum. +1 more

¶21

Court's answer

The appellant's statement is accepted and leave is granted to withdraw the appeals with liberty to file appropriate proceedings before the appropriate forum.

¶22

Ratio / Principle

In view of the statement, the Second Appeals are dismissed as withdrawn with liberty as prayed for.

¶23

Key takeaways

The interim relief, which has been running since 1995, is continued for a further six weeks from the date of the order, within which period the appellant is to file appropriate proceedings before the appropriate forum (ten weeks as urged was not granted).ratio¶24
In view of the dismissal/withdrawal of the second appeal, the civil applications, if any, stand disposed of.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Abhay J. Mantri, J.), 02-12-2025 — Second Appeal No. 206 of 1994 with Second Appeal No. 207 of 1994, Balkrishna Vyankatesh Deshmukh v. State of Maharashtra through Collector, Jalna: At the hearing on 24-11-2025 the Court was not inclined to interfere with the impugned order and one week's time was given for instructions. On 02-12-2025, on instructions and in view of para 3 of Laxmi Chand and others v. Gram Panchayat, Kararia and others, AIR 1996 SC 523, the learned advocate for the appellant sought leave to withdraw the appeals with liberty to file appropriate proceedings before the appropriate forum, and urged continuation of the interim relief granted in C.A. No. 3043/1995 (running since 1995) for a further ten weeks. The Court accepted the statement, granted leave, dismissed the Second Appeals as withdrawn with liberty as prayed, continued the interim relief for a further six weeks (within which the appellant was to file appropriate proceedings), and disposed of the civil applications. There was no adjudication on merits; the impugned order was not described in the judgment.

Ashok Dhulaji Aware v. Balkrishna Vyankatesh Deshmukh and Anr.

Case brief

What is this about?

What did the court decide?

Ashok Dhulaji Aware v. Balkrishna Vyankatesh Deshmukh and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

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