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Bombay High CourtSA/25/2022allowed to be withdrawn

Milind B. Jadhav (Power Of Attorny Holder) And ORS v. Smt. Usha S. Patel And ORS

2022-11-10Hon'Ble Shri Justice Nitin W. Sambre2 pages

(921)-SA-25-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.11.10 16:06:34 +0530 SECOND APPEAL NO.25 OF 2022 BALAJI GOVINDRAO PANCHAL WITH INTERIM APPLICATION NO.276 OF 2022 Shri. Bhimdas Shankar Jadhav Since deceased through legal heirs Shri. Milind Bhimdas Jadhav & Ors.

..Appellants

Versus

Smt. Usha Shambhuprasad Patel & Ors.

..Respondents Mr. Tejesh Dande a/w Bharat Gadhavi, Trushna Shah, Chinmay Deshpande, Pratik Sabrad & Seema Patil i/by Tejesh Dande & Associates, for the Appellants.

Smt. Anjana S. Patel - Respondent No.2 in person - present. CORAM : NITIN W. SAMBRE, J.

DATE : 10th NOVEMBER, 2022 P.C.

1.

Since the Second Appeal under Section 100 of the CPC is not maintainable in view of embargo under Sub-Section (3) of Section 34 of the Maharashtra Rent Control Act, 1999, the same stands disposed of as withdrawn.

2.

However, this will not preclude the appellants from taking out any such proceedings as are permissible and admissible in law.

BGP.

(921)-SA-25-22.doc.

3.

In view of disposal of the Second Appeal, the Interim Application also stands disposed of.

3.

Ad-interim protection is continued for a period of three weeks from today.

[NITIN W. SAMBRE, J.] BGP.