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Bombay High CourtCAS/453/2020disposed off

Prakash Digambar Kamble v. Smt. Mehboobi Abdul Pathan And ORS.

2023-02-15Hon'Ble Shri Justice Madhav J. Jamdar2 pages

909-CA-453-2020.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST) NO.22355 OF 2019 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.02.15 15:49:58 +0530 WITH CIVIL APPLICATION NO.453 OF 2020 ARJUN VITTHAL KUDHEKAR Prakash Digambar Kamble ...Appellant/ Applicant V/s.

Smt. Meheboobi Abdul Pathan & Ors.

...Respondents

Mr. Ghanshyam Upadhyay i/b Law Juris, for the Appellant/Applicant.

Mr. Ajay Joshi, for Respondent Nos.1 to 3.

CORAM : MADHAV J. JAMDAR, J.

DATE : 15th FEBRUARY, 2023 P.C.:

1.

Mr. Upadhyay, learned counsel appearing for the Appellant seeks withdrawal of the Second Appeal with liberty to file appropriate proceedings.

2.

Accordingly, the Second Appeal is allowed to be withdrawn and dismissed as such with liberty to file appropriate proceedings.

3.

It is clarified that, this Court has not considered the merits of the case and all the contentions are expressly kept open.

909-CA-453-2020.doc 4.

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

(MADHAV J. JAMDAR, J.)