Shripad Anant Mhatre, Thr. Poa Sou.Shubha Shripad Mhatre v. Nandakumar Bhalchandra Mhatre And ANR

10 AO 541 OF 2017.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.541 OF 2017 WITH CIVIL APPLICATION NO.697 OF 2018 Shripad Anant Mhatre Through P.O.A.

...

Appellant V/s.

Nandkumar Bhalchandra Mhatre and anr ...

Respondents Mr. Kedar G. Prabhu, for the appellant.

Mr. Drupad S. Patil, for respondent Nos. 1 & 2. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 25th SEPTEMBER, 2018.

P.C. :

1] Learned counsel for respondent points out that the valuation of the suit claim is Rs.1,000/- is stated in the plaint. Therefore, the Appeal against the order passed in the said suit will lie to the District Court.

2] In view thereof, learned counsel for the appellant seeks leave to withdraw the appeal with liberty to file appropriate proceeding before the appropriate forum.

3] The appeal therefore, stands disposed off as withdrawn with liberty as prayed for.

4] In view of withdrawal of Appeal, Civil Application therein stands disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1