Hujurpasha Gani Shaikh v. Sayyad Mohammod Immamsaheb, L.Rs. Jalil Mohammad Sayyad And Others

662.2016SA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 662 OF 2016 with SECOND APPEAL NO. 148 OF 2016 Hujurpasha Gani Shaikh ....Appellant

Versus

Sayyad Mohammad Immamsaheb (died) through L.Rs & others ...Respondents ...

Mrs. Shendage Manushri S., h/f Mr. V. P. Narwade, Advocate for the Appellant Mr. V. P. Raje h/f Mr. C. R. Deshpande ...

CORAM: SUNIL P. DESHMUKH, J.

Date: 18.11.2016.

PER COURT:

1.

Learned counsel for appellant points out that, against the same judgment and decree two second appeals no. 662 of 2016 and 148 of 2016 have been filed.

2.

Learned counsel further states that two second appeals are by the same person and as such, same would not be necessary and proper. As such, he opts to withdraw second appeal no. 662 of 2016.

3.

Keeping the challenge open lying under judgment

662.2016SA.odt and decree in second appeal no. 148 of 2016, Second Appeal no. 662 of 2016 is allowed to be withdrawn with the aforesaid observations.

4.

Second appeal no. 662 of 2016 as such stands disposed of as withdrawn, without affecting second Appeal No. 148 of 2016.

(SUNIL P. DESHMUKH) JUDGE VDK