Utsav (Thr. Partners Rajesh Shatappa Birajdar) v. Shri. Jaysing Bapusaheb Khanvilkar And ORS.

kpd 1 / 2 912-SA-541-2015.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 541 OF 2015 WITH CIVIL APPLICATION NO. 1196 OF 2015 CIVIL APPLICATION NO. 887 OF 2016 Utsav a registered Partnership Firm Through its partners ... Appellant

Versus

Jaysing Bapusaheb Khanvilkar and others ... Respondents Mr. N.R. Bubna for the Appellant/Applicant.

Mr. Ruturaj Pawar for the Respondent Nos.1 to 3. Mr. A.

Y. Sakhare, Senior Advocate i/by Mr. S.A. Rajeshirke for the Respondent No.4. CORAM : S.J. KATHAWALLA, J.

DATED : 27 th SEPTEMBER, 2017 P.C.:

1.

Perused the above Civil Application No.887 of 2016. For the reasons set out therein, permission is granted to amend the cause title in the Second Appeal and the Civil Applications and substitute the names of the Applicants in place of Rajesh Shantaram Birajdar and Smt. Ranjan w/o Dhiraj Satra. Amendment to be carried out forthwith. The above Civil Application (St) No. 887 of 2016 is accordingly disposed off.

3.

The Learned Advocate appearing for the Appellant/Applicant on instructions, now seek to withdraw the above Second Appeal on the ground that the same is settled

kpd 2 / 2 912-SA-541-2015.sxw out of Court. In view thereof, the above Second Appeal is disposed off as withdrawn. The Civil Application No.1196 of 2015 is also disposed off. 4.

Interim orders stand vacated.

5.

Needless to add that the Respondents shall not be obstructed in enjoying the suit property by any of the parties including the newly added Appellants. ( S.J.KATHAWALLA, J. )