Janusingh Sardarsing Chotmuradi (Dead Thr.Lrs) Pupinder Janusing Chotmuradi And ORS v. Shri. Arun Mahadeo Barse Thr. Lrs. Smt. Krishnabai A. Barse Decd. Thr.Lrs Sau Pushpa Saluba Katkar

48-sa-528-2023.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.528 OF 2023 Janusingh Sardarsing Chotmuradi ... Appellant V/s.

Arun Mahadeo Barse ... Respondent Digitally signed by NIKITA KAILAS DARADE Date:

2023.12.08 10:35:46 +0530 NIKITA KAILAS DARADE Ms. Sunanda Kumbhat a/w Mr. Kunal Kumbhat for the Appellant.

CORAM :AMIT BORKAR, J.

DATED :DECEMBER 7, 2023 P.C.:

1.

Learned advocate for the appellant on instructions seeks permission to withdraw the second appeal with liberty to file Civil Revision Application as the decree entered into provisions of the Maharashtra Rent Control Act. The appellant is permitted to withdraw the second appeal with liberty to file revision application.

2.

However, it is made clear that the time spent in prosecuting the second appeal shall be construed as bona fide proceedings for the purpose of construing the limitation while filing civil revision application.

3.

The second appeal is dismissed as withdrawn with liberty as prayed for.

(AMIT BORKAR, J.)