Shaikh Ismail Shaikh Shamsherkhan Died Lrs Ahmed Khan Shaikh Ismail Khan v. Bhagwanrao Malharrao Shewale Died Lrs Prashant And Others

1 283.1996SA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

SECOND APPEAL NO.283 OF 1996 Shaikh Ismail s/o Saikh Shamsher Khan Pathan .. Appellant

Versus

Bhagwanrao s/o Malharrao Shewale (died) ..Respondent ....

Mr M.A. Khan, Advocate for the appellant;

Mr S.S. Chaudhari, Advocate for respondent.

....

CORAM : P.R. BORA, J.

Dated: August 07, 2018 PER COURT :- 1.

Learned Counsel Shri M.A. Khan, on instructions, seeks leave to withdraw the present appeal stating that the parties have amicably settled the dispute. Leave granted as prayed for.

2.

It is informed that, the appellant has deposited amount of Rs.50,000/- in this Court towards the mesne profit and damages for the use and occupation of the subject premises. The learned Counsel for the appellant does not have any objection for permitting the respondent to withdraw the said amount. In view of the above, the following order is passed.

ORDER

(i) Second Appeal stands disposed of as withdrawn.

2 283.1996SA.doc (ii) It would be open for the respondent to withdraw the amount of Rs.50,000/- deposited in this Court by the appellant with interest, if any, accrued thereon.

(iii) Civil Application Nos.14138 of 2013, 387 of 2015, 3700 of 2014, 15128 of 2015, 12531 of 2017, 5411 of 2018, 10097 of 2018 stand disposed of.

(P. R. BORA, J.) ggp