Rahimbi Sk. Khayamoddin And Others v. Sk. Akbar Sk. Khayamoddin And Others

905-SA-107-2015 SGP

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 107 OF 2015 Rahimbi w/o Sk. Khayamoddin and others ... Appellants

Versus

Sk. Akbar s/o Sk. Khayamoddin and Ors.

... Respondents ...

Mr. Amol Joshi h/f Mr. D. R. Deshmukh - Advocate for appellants Mr. U. B. Bilolikar - Advocate for respondent nos. 1 and 2 ....

AND CIVIL APPLICATION NO. 3406 OF 2015 IN SECOND APPEAL NO. 107 OF 2015 CORAM : GAURI GODSE, J.

DATE : 12th January, 2023 PER COURT :

1.

Learned counsel appearing for the appellants state that second appeal against the order impugned is not maintainable and he is required to file civil revision application. Hence, he seeks leave to withdraw the second appeal with liberty to file civil revision application.

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905-SA-107-2015 2.

Leave granted as prayed for.

3.

Needless to record that the appellants will be entitled to take benefit under Section 14 of the Limitation Act. 4.

Since there is interim relief granted in civil application no. 3406 of 2015 on 20th March, 2015, the same is continued for a period of two weeks from today.

[ GAURI GODSE, J. ] 2/2