Bombay High CourtWP/1393/2014disposed off

Sou. Kamlabai Jaiwant Waghmare v. Nanda Shavrappa Koli (Since Decd) And ORS

2016-08-23Hon'Ble Shri Justice Nitin Jamdar1 pages

Vina k.

Sr.15.wp.1393.2014.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.1393 OF 2014 Sou. Kamlabai Jaiwant Waghmare since deceased through heirs Bharatibai Biru Pandhare & Ors.

..... Petitioners

Versus

Nanda Shavrappa Koli & Ors.

.....Respondents ....

Mr. R. S. Alange for the petitioner.

Mr. Anand Kulkarni for the respondents.

...

CORAM : N. M. Jamdar J.

Tuesday 23 AUGUST, 2016 P. C.

The learned counsel for the petitioner states that the power of superintendence of court is wrongly invoked as second appeal is maintainable against the impugned order and seeks leave to withdraw the present petition to file a second appeal. 2.

The writ petition is accordingly disposed of as withdrawn. 3.

Considering the fact that the order impugned was passed on 7 January, 2014 and the writ petition was filed on 3 February, 2014, if the second appeal is filed within a period of four weeks from today, condonation of delay in filing second appeal be favourably considered.

(N. M. Jamdar, J.)