Smt. Shoba Madhumilind Shiralkar v. Smt. Shailaja Ramchandra Shiralkar ( Deced. Thro. Heirs ) 1a) Rajashri Hari Shingar,

bsb 1 2.CAS1105.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1105 OF 2015 IN SECOND APPEAL NO. 55 OF 2011 ALONG WITH CIVIL APPLICATION NO. 1107 OF 2015 Shobha Madhumilind Shiralkar ... Applicant/appellant.

v/s Smt.Shailaja R. Shiralkar & ors.

... Respondents Mr.Uday Warunjikar along with Akshay Deshmukh for the applicant in both applications and appellant.

Mr.Amit Borkar for Resp. No.2.

Coram: N.M. Jamdar, J.

Dated: 18 July, 2016 P.C.:

Learned counsel for the Applicant seeks leave to withdraw the application with liberty to file fresh civil application. Learned counsel for the Respondent No.2 states that, by withdrawal of this application an attempt is being made to resile away from the undertaking given, which is recorded in the order dated 15 September 2000. Considering the facts and circumstances, the Applicant is permitted to withdraw the civil application with liberty to file a fresh civil application.

bsb 2 2.CAS1105.15.doc It is clarified that the observations made in the order dated 30 September 2015 will continue to bind the Applicant till the order is passed in the fresh civil application otherwise. The civil application is accordingly dismissed as withdrawn with liberty as prayed for.

(N. M. Jamdar, J.)