Kirti Kumar Chatrabhuj Barot v. Rajendrasinh Fatesinh Gole The Poa Smt. Vidya S Gole

36-sa-30-2023.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.30 OF 2023 WITH INTERIM APPLICATION NO.262 OF 2023 Kirti Kumar Chatrabhuj Barot and Ors.

...Appellants/Applicants

Versus

Rajendrasinh Fatesinh Gole Through his Power of Attorney Holder Smt. Vidya S. Gole

...Respondents

Mr. Rajendra Mishra a/w Ms. Ashwini Patil a/w Ms. Shreya Mehta i/b. Solicis Lex, for the Appellant/Applicant.

Smt. Vidya S. Gole, Power of Attorney Holder present in person. CORAM : MADHAV J. JAMDAR, J.

DATED : 10th JANUARY 2023 P.C. :

1.

Heard Mr. Rajendra Mishra, learned counsel appearing for the Appellant.

2.

At the outset, he states that as the suit has been filed under the provisions of the Maharashtra Rent Control Act, 1999, he seeks withdrawal of Second Appeal with liberty to file appropriate proceedings.

3.

Accordingly, Second Appeal is dismissed as withdrawn with 1/2

36-sa-30-2023.doc Pallavi liberty to file appropriate proceedings.

4.

It is clarified that this Court has not examined the merits of the case and all contentions of both the parties on merits are expressly kept open.

5.

As the Second Appeal is dismissed as withdrawn, nothing survives in the Interim Application and the same is also disposed of. [MADHAV J. JAMDAR, J.] 2/2