Smt Yamunabai Arjun Kamthe v. Smt Sindhu Anna Nhavale

38-sa-426-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.07.31 14:56:50 +0530 CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 426 OF 2023 SONALI MILIND PATIL WITH INTERIM APPLICATION NO. 13298 OF 2023 Yamunabai Arjun Kamthe ...Appellant

Versus

Sindhu Anna Nhavale & Ors.

...Respondents

Mr. Pratik Rahade, i/b. Mr. Sumant Patale, for the Appellant. CORAM : MADHAV J. JAMDAR, J.

DATED : 24th JULY 2023 P.C. :

1.

Mr. Pratik Rahade, learned counsel appearing for the Appellant states that by the impugned order passed by the learned First Appellate Court, the Judgment and Decree passed in Special Civil Suit No.5825 of 2012 was set aside and the said suit was remanded back to the learned Trial Court. He therefore, states that the Appeal from Order is maintainable and therefore, seeks withdrawal of the Second Appeal with liberty to file Appeal from Order.

2.

Accordingly, the Second Appeal is allowed to be withdrawn with liberty as aforesaid.

1/2

38-sa-426-2023.doc Sonali 3.

In view of dismissal of the Second Appeal, nothing survives in the Interim Application and the same is also dismissed. 4.

Needless to observe that the Appellant will get benefit of Section 14 of the Limitation Act, 1963.

[MADHAV J. JAMDAR, J.] 2/2