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Bombay High CourtCA/8848/2024admittedallowedgrantedrule absolute

Madhaukar Alias Hari Balwant Lihine L.Rs. Vijay Madhukar Lihine And ORS v. Balbhim Balwant Lihine L.Rs. Sushsini And ORS

2024-08-20Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 921 CA-8848.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 8848 OF 2024 IN SA/821/2006 WITH CIVIL APPLICATION NO. 4877 OF 2024 IN SA/821/2006 WITH CIVIL APPLICATION NO. 10605 OF 2016 IN SA/821/2006 WITH SECOND APPEAL NO. 821 OF 2006 WITH CIVIL APPLICATION NO. 4105 OF 2017 IN SA/821/2006 WITH CIVIL APPLICATION NO. 9443 OF 2011 IN SA/821/2006 MADHAUKAR ALIAS HARI BALWANT LIHINE L.RS. VIJAY MADHUKAR LIHINE AND OTHERS

VERSUS

BALBHIM BALWANT LIHINE L.RS. SUSHSINI AND OTHERS ...

Mr. Kartik Mundhe, Advocate for the applicants. Mr. Sanjay Gaikwad, Advocate holding for Mr. N.V. Gaware, Advocate for respondent No. 2.

Mr. Subodh Shah, Advocate for applicant in CA 9443/2011. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20 AUGUST 2024 ORDER:- .

The learned Counsel for the appellants submits that after filing of this second appeal, the contesting parties have already sold the suit properties to third persons and therefore, now they do not want to proceed with the appeal. Resultantly, the

(2) 921 CA-8848.2024.odt application i.e. Civil Application No. 8848 of 2024 for withdrawal of appeal is filed by the appellants. 2.

Learned Counsel Mr. Gaikwad for the contesting respondents also admitted this fact and submitted his no objection for withdrawal of appeal subject to vacating of interim relief. The learned Counsel Mr. Shah for the Intervenors who are the subsequent purchaser of the suit properties, also consented for such withdrawal. In view of the same, Civil Application No. 8848 of 2024 stands allowed in terms of prayer clause (B) and accordingly the present Second Appeal No. 821 of 2006 stands withdrawn and disposed of alongwith all the pending Civil Applications. (SANDIPKUMAR C. MORE, J.) VD_Dhirde