Dattarao Sitaram Khardekar And Others. v. Laxmikant Gopalrao Khardekar.

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 SECOND APPEAL NO. 399 OF 1991 LAXMIKANT GOPALRAO KHARDEKAR ....Appellant

VERSUS

1. DATTARAO SITARAM KHARDEKAR AND OTHERS.

.....Respondent WITH CIVIL APPLICATION NO. 10352 OF 2025 IN SA/399/1991 WITH SECOND APPEAL NO. 231 OF 1991 WITH SECOND APPEAL NO. 400 OF 1991 Mr. Pravin N. Kalani, Advocate for the appellant Mr. A. S. Deshmukh, Advocate for the appellant in SA/231/1991 Mr. A. A. Khande, Advocate for the appellant in SA/400/1991 CORAM : ABHAY J. MANTRI, J.

DATE : 23rd SEPTEMBER, 2025 PER COURT :

1.

The learned advocate for the appellant in SA/231/1991 & 400/1991, on instructions, submitted that except Haribhau Satwaji Harkal, the LRs of the rest of the appellants and respondents entered into a compromise and accordingly filed consent terms. Similarly, Haribhau Satwaji Harkal filed a pursis dated 08-09-2025 stating that he does not want to proceed with the appeals and wants to withdraw the same unconditionally.

(2) 2.

In view of the above, the learned advocate for the appellants seeks leave to withdraw the SA/231/1991 & 400/1991. 3.

Leave is granted as prayed.

4.

Considering the fact that a compromise took place between some of the appellants and respondents, as well as Haribhau, who does not want to proceed with the appeals, the SA/231/1991 & SA/400/1991 stand dismissed as withdrawn. CA/10352/2025 IN SECOND APPEAL NO. 399/1991 1.

The applicant, the original respondent in the second appeal, has filed this application to permit him to produce the photocopies of the sale deeds on record.

2.

The learned advocate for the respondent in the application seeks time to file a reply to it. He acknowledged the receipt of a copy of the application.

3.

As per his request, one week's time is granted to file a reply.

4.

It is made clear that no further time will be granted as the matter is old.

5.

If the respondent failed to file a reply in time, the application will be decided on its own merits.

(3) 6.

List the application No. 10352/2025 along with SA/399/1991 on 30-09-2025.

[ABHAY J. MANTRI, J. ] VishalK/927sa399.91.odt