Shyam Gopal Saincher v. Ratan Gopal Saincher Deceased Thr Lrs Usha Saincher Deceased Thr Lrs Sanjay Gopal Saincher And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER NO. 42 OF 2022 Shyam Gopal Saincher Appellant

Versus

Ratan Gopal Saincher & others Respondents Mr. D. V. Chauhan, Advocate for the appellant. Mr. R. S. Deshmukh, Senior Counsel instructed by Mr. Devang Deshmukh, Advocate for respondents No. 25 to 28. Mr. V. R. Dhorde, Senior Counsel instructed by Mr. V. A. Bagadiya, Advocate for respondents No. 23 and 24.

CORAM : R. M. JOSHI, J.

DATE : 27th MARCH, 2023.

PER COURT :

1.

Learned Senior Counsel for respondents raises objection to the maintainability of this appeal from order on the basis of jurisdiction in view of the valuation of the suit by the plaintiffs before the Trial Court.

2.

When this Court has shown disinclination for entertaining the present appeal from order, learned counsel for the appellant, on instructions, seeks leave to withdraw the appeal with liberty to fle appeal before the District Court.

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Leave with liberty granted. Appeal from order stands dismissed as withdrawn. If such appeal is fled, learned District Judge to decide the appeal as expeditiously as possible and in any case within period of six months from fling of appeal. 4.

Since this Court has not decided any issue on merit, all points are kept open.

( R. M. JOSHI) Judge dyb