Hambirrao Shrirang Katkar v. Shivram Bapu Gandhale And Others

bsb 1 11.SA623.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 623 OF 2014 ALONG WITH CIVIL APPLICATION NO. 1475 OF 2014 Hambirrao Shrirang Katkar ... Appellant/Applicant v/s Shivram Bapu Gandhale & ors.

... Respondents Mr.V.S.Talkute for the appellant/applicant.

Mr.Sandeep Pathak i/by S.B.Deshmukh for Resp. Nos.1 to 5. Coram: N.M. Jamdar, J.

Dated: 4 July 2016 P.C.:

Learned counsel for the Appellant states that the Appellant will institute a suit for partition of the property and seeks leave to withdraw the second appeal.

The appeal is dismissed as withdrawn. The civil application is disposed of.

If any suit is filed by the Appellant, it is needless to state, will be considered on its own merits.

bsb 2 11.SA623.14.doc Learned counsel for the Appellant requests that the ad-interim relief which was granted by this Court on 18 November 2014, be continued for a period of six weeks. Learned counsel for the Respondents opposes.

Considering the facts and circumstances, the ad-interim order granted on 18 November 2014, is continued for a period of six weeks. It is however clarified that any further continuation of the ad-interim order will be purely on its own merits and without being influenced by the fact that the ad-interim order was granted in this second appeal.

(N. M. Jamdar, J.)