Shaikh Zamir S/O Shaikh Papa And ORS v. Noor Mohammad S/O Khan Mohammad And ORS

2025:BHC-AUG:25030 20-SA.107-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 SECOND APPEAL NO. 107 OF 2025 SHAIKH ZAMIR S/O SHAIKH PAPA AND ORS

VERSUS

NOOR MOHAMMAD S/O KHAN MOHAMMAD AND ORS ...

Advocate for Appellants : Mr. Amit Yadkikar h/f Mr. Kulkarni Akshay Dhananjay.

Advocate for Respondent No.6 : Mr. Syed Moisali Amjedali h/f Mr. G. J. Farooqui Jagirdar.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 16.09.2025 PER COURT :- 1.

Learned counsel Mr. Yadkikar appearing for appellants tenders on record a pursis signed by four appellants amongst others who are present today, which is taken on record and marked at Exh.X. Additionally, he submits on instructions of his clients that all the appellants intend to withdraw suit itself which is defective.

2.

Learned counsel for the respondents does not have any objection.

3.

Appellants had filed Regular Civil Suit No.96 of 2014 for administration of estate which was dismissed by the Trial Court and the decree is confirmed by Lower Appellate Court.

20-SA.107-25.odt 4.

Appellants are permitted to withdraw Regular Civil Suit No.96 of 2014 with liberty to resort to the remedy as permissible in law or to file a fresh proceeding for the said relief.

5.

Second appeal is disposed of accordingly.

(SHAILESH P. BRAHME, J.) ...

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