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Bombay High CourtWP/2774/2022disposed off

Smt. Shila Vitthal Shinde And ANR v. Smt. Raukmini Vitthal Shinde

2022-03-11Hon'Ble Shri Justice Nitin W. Sambre1 pages

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.03.14 10:38:00 +0530 902.2774.22 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2774 OF 2022 SMT. SHILA VITTHAL SHINDE ....PETITIONERS AND ANR V/s.

SMT. RAUKMINI VITTHAL SHINDE .....RESPONDENT Mr. Prashant D. Patil Advocate for the Petitioners CORAM :

NITIN W. SAMBRE, J.

DATE:

MARCH 11, 2022.

P.C.:

1] Heard.

2] Impugned in the Petition is an order of rejection of prayer for condonation of delay in preferring First Appeal. As a consequence of aforesaid order, First Appeal itself came to be dismissed. As a sequel, Counsel for the Petitioner submits that Second Appeal is maintainable and not Writ Petition.

3] In the wake of above position, Counsel for the Petitioner has moved a prayer for withdrawal of the Petition with liberty to prefer Second Appeal.

4] Petition as such stands dismissed as withdrawn with liberty as prayed.

[NITIN W. SAMBRE, J.] 1/1