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Bombay High CourtAPEAL/491/2013allowed to be withdrawn

Sharad Uttamchand Lunawat v. Dattatraya Vithoba Kasar And ANR

2023-07-10Hon'Ble Shri Justice S. M. Modak2 pages

5. Apeal 490 of 2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 490 OF 2013 ALONGWITH CRIMINAL APPEAL NO. 491 OF 2013 Sharad Uttamchand Lunawat ...Appellant vs.

Dattatraya Vithoba Kasar and Anr.

...Respondents

***** None for the Appellant Mr. Balasaheb R. Deshmukh - Advocate for the Respondent No.1 in both appeals.

Mr. H. J. Dedhia- APP for the Respondent-State ***** CORAM :

S. M. MODAK, J.

DATE :

10th JULY, 2023 P. C. :- 1.

Heard learned Advocate Shri Deshmukh for the Respondent No. 1-accused. The appeals are already admitted. There was an execution proceedings in between the parties before this Court for execution of the money decree pending before the Court of the Civil Judge Senior Division, Pune and the parties have settled their dispute. Certified copies of the relevant documents are filed. On 12/11/2022, there is an order passed by the panel head about Digitally signed by SEEMA KSHITIJ YELKAR Date:

2023.07.12 11:37:14 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

5. Apeal 490 of 2013.doc recording the compromise. The terms of the compromise are at Exh.

23. One of the term is that the criminal appeals pending in this Court will be withdrawn. The application filed by the decree holder is at Exh. 24, it is signed by the decree holder and his learned advocate. It mentions that amount agreed between the parties is already paid. The execution proceedings are disposed of. Relevant certified copies are taken on record and marked as '

Annexure-X'

.

2.

Mr. Deshmukh has already informed the learned Advocate for the Appellant vide e-mail dated 08/07/2023. Its copy is taken on record and marked as '

Annexure-Y'

.

3.

No one is present on behalf of the Appellant. As the matter is already settled and the decree holder/present Appellant has agreed to withdraw these appeals, I do not find any reason to continue the appeals.

4.

Both appeals are disposed of.

[S. M. MODAK, J.] Seema 2/2