Kesharbhai Arjun Patel v. Vikram Ramdas Gupta

2025:BHC-AUG:35729 75-SA.337-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 75 SECOND APPEAL NO. 337 OF 2014 KESHARBHAI ARJUN PATEL

VERSUS

VIKRAM RAMDAS GUPTA WITH CIVIL APPLICATION NO. 4516 OF 2021 IN SA/337/2014 WITH CIVIL APPLICATION NO. 5172 OF 2014 IN SA/337/2014 ...

Advocate for Appellant : Mr. Sonawane Nikhil D. Advocate for Respondent : Mr. Sawari M. Patil h/f Mr. Patil Milind M. (Beedkar).

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 16.12.2025 PER COURT :- 1.

Heard both sides.

2.

The appellant is the original plaintiff who was unsuccessful before the Courts below in securing relief of perpetual injunction.

3.

Civil Application No.4516 of 2021 is filed seeking permission to withdraw Regular Civil Suit No.391 of 2006 in view of the settlement between the parties. The same is supported by affidavit. Both the parties are unanimous that the matter has been settled in the collateral proceedings. Civil application is allowed in terms of prayer clause "B".

75-SA.337-14.odt 4.

In view of withdrawal of the suit, nothing remains in the second appeal. It has become infructuous and disposed of accordingly.

5.

In view of disposal of second appeal, pending civil application does not survive. Civil application as such is disposed of.

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

vmk/-