34-sa168-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 168 OF 2025 Anandnarayan Purshottam Kalwar Died & Therefore Through Legal Representatives & Ors. … Appellants V/s. Deepak Hariprasad Pardeshi & Anr. … Respondents WITH INTERIM APPLICATION NO. 2753 OF 2025 IN SECOND APPEAL NO. 168 OF 2025 Anandnarayan Purshottam Kalwar Died & Therefore Through Legal Representatives & Ors. … Applicants V/s. Deepak Harisprasad Pardeshi & Anr. … Respondents Mr. Ashutosh M. Kulkarni with Akshay Kulkarni for the Appellants. Mr. Umesh Mankapure with Benazir Jamadar, Trupti Padekar and M. M. Koshti /by Ms. Divya Powar for the Respondents. Mr. Vishalnarayan A. Kalwar, Appellant No.5, is present. CORAM : ASHWIN D. BHOBE, J. DATED : OCTOBER 8, 2026 Oral Order: 1. Heard Mr. Ashutosh Kulkarni, learned Advocate for the Appellants and Mr. Umesh Mankapure, learned Advocate for the Respondents. VRJ 1 of 3 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.10.08 20:33:15 +0530 34-sa168-2025.docx 2. By this Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, the Appellants (Defendants) are before this Court, assailing the Judgment and Decree dated 11th November 2024 passed by the Principal District Judge, Solapur (“Appellate Court”), in Regular Civil Appeal No. 70 of 2020, by which the Appellate Court reversed the Judgment and Decree dated 16th March 2020 passed by the Joint Civil Judge, Senior Division, Solapur (“Trial Court”), in Special Civil Suit No. 230 of 2015, by which the Trial Court had dismissed Special Civil Suit No. 230 of 2015 filed by the Respondent (Plaintiff). 3. Mr. Ashutosh M. Kulkarni, learned Advocate for the Appellants, states that Special Civil Suit No. 230 of 2015, being a suit for simpliciter possession, does not involve an issue of title. He therefore, on instructions from the Appellants, seeks leave to withdraw the present Appeal with liberty to file an appropriate suit seeking a declaration of the Appellants' rights to the suit property. He requests that all issues and contentions regarding the suit for declaration that the Appellants propose to file be left open for consideration before the Court where the suit would be filed. 4. Mr. Umesh Mankapure, learned Advocate for the Respondents, states that Special Civil Suit No. 230 of 2015, filed by the Respondent (Plaintiff), was a suit for possession simpliciter. He submits that the Appellant is always VRJ 2 of 3 34-sa168-2025.docx at liberty to file a suit for declaration seeking a declaration of his rights. He submits that if the Appellant proposes to file a suit for declaration, all the rights and contentions of the Respondent in that suit be left open. 5. In view of the above statements made by Mr Ashutosh M. Kulkarni, learned Advocate for the Appellants and Mr. Umesh Mankapure, learned Advocate for the Respondents, leave is granted to withdraw this Appeal, with liberty to the Appellant to file a suit for declaration. If such a suit for declaration is filed by the Appellant, all contentions of the parties remain open and the suit shall be decided on its merits and in accordance with law. 6. The Second Appeal is withdrawn without addressing the merits. 7. In view of the above, Second Appeal No. 168 of 2025 stands disposed of as withdrawn. 8. Interim Application No. 2753 of 2025 does not survive and is disposed of. (ASHWIN D. BHOBE, J.) VRJ 3 of 3