Mr Mahesh Devji Patel v. Shri Kashinath Diva Patil And ORS

37 ao 171-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 171 OF 2017 WITH CIVIL APPLICATION NO.232 OF 2017 M/s. Siddharth Progressive through Proprietor Sahebrao S. Khiladi ..Appellant v/s.

Kesarinath Bhiva Patil & Ors.

..Respondents WITH APPEAL FROM ORDER NO. 86 OF 2017 WITH CIVIL APPLICATION NO.1053 OF 2017 Mahesh Devji Patel ..Appellant v/s.

Kashinath Diva Patil & Ors.

..Respondents Mr. R.D.Soni /b. R.S.Palas for the Appellant/Applicant. Mr. S.J.Chaurasia I/b. Ashoka Law Firm for the Respondent No.1. Mr. D.A.Athavale for the Respondent Nos.5 to 7. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 26th FEBRUARY, 2019.

P.C.

1.

The learned Counsel for the appellant submits that the suit itself has been disposed of and hence the appeal has rendered pps

37 ao 171-17.doc infructuous. He therefore seeks leave to withdraw the appeal. 2.

Leave granted. Appeal is dismissed as withdrawn. 3.

Civil application does not survive in view of withdrawal of the appeal, and the same is accordingly disposed of. (ANUJA PRABHUDESSAI, J.) pps