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Bombay High CourtSA/341/2017disposed off

Mr.Motilal Prasad Choudhari v. Shri.Baburao Laxman Sankhe (Deceased) Thru Lrs.

2017-04-24Hon'Ble Shri Justice Nitin Jamdar2 pages

1 Pro 507 CAS 684 & 685-17 in SAst 11602-17 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 684 OF 2017 (For delay) in SECOND APPEAL (St.) No.11602 of 2017.

Along with CIVIL APPLICATION NO. 685 OF 2017 (For stay) Mr.Motilal Prasad Choudhari .. Applicant In the matter of Mr.Motilal Prasad Choudhari .. Appellant Vs Shri Baburao Laxman Sankhe (Deceased through his legal heirs) 1/1. Smt.Bharati Baburao Sankhe & ors. .. Respondents Ms.Riba Vasudevan i/b Neeta Karnik, for the Appellant and Applicant in both Civil Applications.

Coram : N.M.Jamdar, J.

Date : 24 April 2017.

P.C. :

Not on board. Taken on production board by way of praecipe.

2.

The learned counsel for the Appellant states that the Appellant has examined the position and has found that the Second Appeal is not maintainable. Accordingly leave is sought for withdrawal of the Second Appeal with liberty to take out appropriate

2 Pro 507 CAS 684 & 685-17 in SAst 11602-17 .doc proceedings. Second Appeal stands disposed of as withdrawn with liberty as prayed. In view of the disposal of Second Appeal, the Civil Applications do not survive and are disposed of accordingly. (N.M.Jamdar, J.)