Parveen Juzar Burmawala Alias Arvind Kaur v. Juzar Asgar Burmawala And ANR

apeal.1013.18.6.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1013 OF 2018 Parveen Juzar Burmawala alias Arvind Kaur ...Appellant

Versus

Juzar Asgar Burmawala & Anr.

...Respondents

Advocate Arvind Kaur, the Appellant present in-person Ms. Namrata Subhash Bobade for the Respondent No. 1 Mr. P. H. Gaikwad, A.P.P for the Respondent No.2-State CORAM : REVATI MOHITE DERE, J.

THURSDAY, 4 th APRIL 2019 P.C. :

In view of the objection raised by the learned counsel for the respondent No.1 that the appeal is not maintainable, the appellant Mrs. Parveen Juzar alias Arvind Kaur, who appears in-person seeks leave to withdraw the aforesaid appeal with liberty to file an appropriate application in the trial Court, for recall of the order dated 7th June 2018, by which her application was dismissed for want of prosecution.

The appeal is accordingly disposed of as withdrawn. SQ Pathan 1/2

apeal.1013.18.6.doc If an application is filed for recall of the order dated 7th June 2018 and restoration of Exhibit 1, the learned Judge shall decide the same on its own merits in accordance with law If an application for delay condonation is filed in the said application, the learned Judge, while deciding the same, shall consider the fact that the appellant was pursuing the aforesaid appeal from August 2018, in this Court.

It is made clear that this Court has not gone into the merits of the appeal and as such all contentions of all parties are kept open.

All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

SQ Pathan 2/2