H. H. Jyotiraditya Madhavrao Scindia And ANR v. Sardar Sambhaji Angre And 6 ORS

21. APP 385.19.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 385 OF 2019 IN NOTICE OF MOTION NO. 1485 OF 2019 WITH NOTICE OF MOTION NO. 709 OF 2019 IN APPEAL NO. 385 OF 2019 H.H. Jyotiraditya Madhavrao Scindia and Anr. ... Appellants V/s.

Sardar Sambhaji Angre and Ors.

... Respondents Ms. Akanksha Aggarwal with Ms. Sakshi Sharma i/b. M.S. Bodhanwalla & Co. for the Appellants Mr. Farhan Dubash wih Praveer Shetty i/b. Res Legal for the Respondent Nos.3 to 7 CORAM : NITIN JAMDAR , ACJ & ARIF S. DOCTOR, J.

DATE : 23 JUNE 2023 P.C. :- We had heard this Appeal on 19 June 2023 when the orders passed in the Appeal were brought to our notice. The Appeal is pending since the year 2019 and adjourned since November 2019

21. APP 385.19.doc to explore the possibility of settlement. On 5 December 2022 the Appeal was adjourned by way of last chance to arrive at settlement. In fact, on one occasion the Court had also indicated that it would impose cost for every adjournment.

2.

Considering this position, the learned Counsel for the Appellant had taken time as to whether the consent terms would be filed before the learned Single Judge where the suit is pending and if the settlement is not arrived at, seek revival of the Appeal. The learned Counsel for the Appellant states that instructions have been taken and the Appeal would be withdrawn to approach the learned Single Judge with consent terms. The learned Counsel for the Appellant states that liberty be given to revive the Appeal in case settlement fails.

3, Accordingly, the Appeal is allowed to be withdrawn with liberty as above.

4.

Pending Notice of Motions stand disposed of.

ARIF S. DOCTOR, J.

ACTING CHIEF JUSTICE