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Bombay High CourtFA/144/1994disposed off

Satishkumar B. Somani v. Shakuntala Malpani

2022-11-09Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 143 OF 1994 WITH CIVIL APPLICATION NO. 923 OF 1997 IN FIRST APPEAL NO. 143 OF 1994 Satishkumar Bhagirath Somani .... Appellant v/s.

Kishanlal G. Holani and anr.

.... Respondents WITH FIRST APPEAL NO. 144 OF 1994 WITH CIVIL APPLICATION NO. 686 OF 1994 IN FIRST APPEAL NO. 144 OF 1994 Satishkumar Bhagirath Somani .... Appellant v/s.

Shakuntala w/o. Madanlal Malpani .... Respondent Mr. B.K. Raje for the Appellant.

None for the Respondent.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 09th NOVEMBER, 2022.

P. C. :- .

Learned counsel for the Appellant states that pursuant to the order dated 06/10/2022, the Appellant has deposited the decreetal amount in both the Appeals. He states that since the decree has been 1/3

fully satisfied, the Appellant does not wish to proceed with the Appeals. Both the Appeals stand disposed of in view of the statement made by the learned counsel for the Appellant.

2.

Learned counsel for the Appellant further states that in compliance of the order of this Court in stay application, the Applicant has deposited Rs.10,000/- and furnished bank guarantee in each of these Appeals before City Civil Court, Mumbai. 3.

The said amount with interest be refunded to the Appellant after verifying that the decree has been fully satisfied. Bank Guarantee stands discharged. The Registrar, City Civil Court, Mumbai to inform the concerned bank accordingly.

4.

Learned counsel for the Appellant further seeks leave to withdraw the original documents produced by the Appellant in Chamber Summons No.900/1991 in Summary Suit No.1819/1977 and in Chamber Summons No.901/1991 in Summary Suit No.1820/1977. 5.

Learned Judge, City Civil Court, Mumbai to return the said documents to the Appellant subject to furnishing photocopies of the 2/3

same.

6.

Both Appeals stand disposed of. Pending Civil/Interim Applications, stand disposed of in view of disposal of the Appeals. PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.11.11 11:04:50 +0530 3/3