Ganesh Anant Joshi v. Mukund Hanmantrao Deshpande

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.27 OF 2005 WITH CIVIL APPLICATION NO.1910 OF 2004 IN SECOND APPEAL NO.27 OF 2005 Shri. Ganesh Anant Joshi (D/H) ...Appellants/ 1a) Shri. Parshuram Applicants Anant Joshi (Brother) & Ors.

V/s.

Shri. Mukund Hanmantrao

...Respondents

Deshpande & Anr.

WITH CIVIL APPLICATION NO.830 OF 2018 IN SECOND APPEAL NO.27 OF 2005 Sau. Gayatri Uday Shah ...Applicant In the matter between Shri. Ganesh Anant Joshi (D/H) ...Appellants 1a) Shri. Parshuram Anant Joshi (Brother) & Ors.

V/s.

Shri. Mukund Hanmantrao

...Respondents

Deshpande & Anr.

WITH CIVIL APPLICATION NO.832 OF 2018 IN SECOND APPEAL NO.27 OF 2005 Shri. Nishikant Madhavrao Mhabal ...Applicant In the matter between Shri. Ganesh Anant Joshi (D/H) ...Appellants 1a) Shri. Parshuram Anant Joshi (Brother) & Ors.

V/s.

Shri. Mukund Hanmantrao

...Respondents

Deshpande & Anr.

Mr. P. D. Pise, for the for the Appellants in SA/27/2005 and for the Applicant in CAS/1910/2004.

Mr. Y. G. Thorat i/b A. B. Tajane, for the Applicant/Intervenor in CAS/832/2018.

Mr. Hrishikesh Shinde, for the Applicant/Intervenor in CAS/830/2018.

CORAM : MADHAV J. JAMDAR, J.

DATED : 6th APRIL, 2023 P.C.:

1.

Mr. Pise, learned counsel appearing for the Appellants states that, all the Appellants have executed Power of Attorney in favour of Shri. Uday Krishnaji Kulkarni and said Uday Krishnaji Kulkarni on behalf of all the Appellants has

given written instructions addressed to him to withdraw the Second Appeal.

2.

The said Power of Attorney dated 3rd December, 2021 executed by all the Appellants is taken on record and marked ''X" for identification. The letter dated 1st April, 2023 of Uday Krishnaji Kulkarni i.e. Constituted Attorney of all the Appellants is taken on record and marked "X1" for identification.

3.

In view of the said written instructions given by the Appellants to learned Advocate of the Appellants to withdraw the Second Appeal, the Second Appeal is allowed to be withdrawn and dismissed as such.

4.

In view of dismissal of the Second Appeal, nothing survive in the Civil Applications and the same are disposed of accordingly.

[MADHAV J. JAMDAR, J.]