Mr.Chintamani Upadhayay v. Mr Pawankumar Chandrabhushan Dubey And ANR

7 fa 1240-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

FIRST APPEAL NO. 1240 OF 2013 WITH CIVIL APPLICATION NO. 3462 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the appellant.

None for the respondent.

Later on Mr. Ramesh Jain for the appellant.

CORAM : K. K. TATED, J.

DATED : 23/03/2015.

P.C.:

.

None for the parties.

On 05.03.2015 no one appeared on behalf of appellant. Hence, the present matter is shown under caption for dismissal.

Today also, no one appeared on behalf of appellant. Dismissed for default.

In view of dismissal of First Appeal no. 1240 of 2013 for non prosecution, nothing survives in the present Civil Application. Same stands rejected as non prosecuted.

Later on The Advocate Mr. Ramesh Jain for the appellant mentioned the matter.

Sneha Chavan 1/2

7 fa 1240-13=.doc Considering the submissions made by learned counsel for the appellant, earlier order is recalled and matter is restored on file.

The learned counsel for the appellant submits that he received instructions from his client to withdraw the present First Appeal. Hence, he seeks permission to withdraw the First Appeal along with Civil Application . Same is allowed.

First Appeal as well as Civil Application stand dismissed as withdrawn.

Refund of Court fees according to law.

(K.K.TATED, J.) Sneha Chavan 2/2