Wahidoddin Naziroddin Kazi And ORS v. Naziroddin Gulam Dastgir Kazi Died Through His Lrs Saloddin And ORS

(1) 903 - S.A. 133.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 SECOND APPEAL NO. 133 OF 2019 WITH CA/10056/2018 IN SA/133/2019 WAHIDODDIN NAZIRODDIN KAZI AND ORS

VERSUS

NAZIRODDIN GULAM DASTGIR KAZI DIED THROUGH HIS LRS SALODDIN AND ORS ......

Mr. V.M.Chate, Advocate for Appellants.

Mr. S.A.G. Qureshi, Advocate for R - 2.

......

CORAM : V.L.ACHLIYA, J.

DATE : 01/10/2019 ......

ORAL ORDER :

1.

The appellants have challenged the order dated 10/07/2017 passed by District Judge, Ambajogai, District Beed to dispose of the appeal as abated on failure to take steps to bring the L.Rs. of respondent on record. Since the Second Appeal is not maintainable against the impugned order, learned counsel on instructions from the appellants seeks permission to withdraw appeal with liberty to file application seeking setting aside the order of abatement passed by the appellate Court. As the appellants were wrongly prosecuting the appeal before this Court, the appellants are allow to withdraw appeal with liberty as prayed for. The appeal is disposed of as withdrawn. In the event the appellants approaches the

(2) 903 - S.A. 133.2019 first appellate Court for setting aside the order of abatement and to bring L.Rs. of deceased respondent, then the time consumed by the appellants in prosecuting the appeal before this Court may be taken into consideration while condoning delay in filing such application. It is clarified that the withdrawal of appeal shall not act as impediment for the appellants to adopt any other remedy available under law.

2.

In view of withdrawal of appeal, Civil Application No. 10056/2018 stands disposed of as infructuous. [V.L.ACHLIYA] JUDGE KNP.