Dnyanu Ishwara Patil v. Indirabai Sakharam Lingnurkar

902-SA-1308-2004.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.1308 OF 2004 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.04.18 10:30:23 +0530 WITH CIVIL APPLICATION NO.1749 OF 2004 ARJUN VITTHAL KUDHEKAR IN SECOND APPEAL NO.1308 OF 2004 Shri. Dnyanu Ishwara Patil ...Appellant/ Applicant V/s.

Smt. Indirabai Sakharam Lingnurkar

...Respondents

(Since deceased through legal heirs) Narhar Sakharam Lingnurkar & Ors.

Ms. Kanchan Phatak h/f Mr. Nitin Deshpande, for the Appellant/Applicant.

CORAM : MADHAV J. JAMDAR, J.

DATED : 12th APRIL, 2023 P.C.:

1.

Heard Ms. Phatak, learned counsel appearing for the Appellant.

2.

Learned counsel appearing for the Appellant states that, the dispute between the parties has been settled and, therefore, she has instructions to withdraw the Second Appeal. She also tenders true copy of affidavit dated 26th December, 2022 of the Appellant stating that the dispute is

902-SA-1308-2004.doc settled out of Court. The said affidavit is taken on record. As the dispute is settled out of Court, the Second Appeal is allowed to be withdrawn and dismissed as such. 3.

In view of dismissal of the Second Appeal, nothing survives in the Civil Application and the same is also disposed of accordingly.

[MADHAV J. JAMDAR, J.]