Mrs. Chhaya Sudhindra Godbole v. Brig. Vidyadhar Mahadeo Jog And ORS.

902-fa762-01 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.762 OF 2001 Chhaya S. Godbole ...Appellant V/s.

Brig. Vidyadhar M. Jog & Ors.

...Respondents

Mr.S.H. Gangal with Mr.Mankirat Singh for the Appellant. Mr.Pravin H. Vaity i/b Mr.P.J. Pawar for the Respondents. CORAM : R.D. DHANUKA, J.

DATE : 1ST MARCH, 2016.

P.C. :- 1.

Learned counsel appearing for the appellant seeks liberty to withdraw this first appeal on the ground that the parties have already filed the consent terms recording the terms of settlement between them in the Court of Additional Chief Judicial Magistrate, Pune in C.C. No.8 of 1998 on 22nd May, 2014. Learned counsel for the appellant seeks liberty to withdraw the amount deposited pursuant to an order 29th August, 2001 passed by this Court in First Appeal in view of the settlement arrived at between the parties. 2.

Learned counsel appearing for the respondents has no objection if this first appeal is allowed to be withdrawn and if the appellant is allowed to withdraw the amount deposited before the 1/2

902-fa762-01 learned trial Court pursuant to the order dated 29th August, 2001 along with interest accrued thereon, if any. The statement is accepted.

3.

The first appeal is dismissed as withdrawn. The appellant will be at liberty to withdraw the amount deposited by the appellant pursuant to the order dated 29th August, 2001 passed by this Court in the trial Court along with interest accrued thereon, if any. 4.

Parties as well as the trial Court to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2