Satish Chandrakant Jagtap And ORS v. Kisan Rambhau Bhand And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 FIRST APPEAL NO.5052 OF 2017 SATISH CHANDRAKANT JAGTAP AND ORS

VERSUS

KISAN RAMBHAU BHAND AND ANR Mr. Vinay B. Anjanwatikar, Advocate h/f Mr. S. B. Choudhary, Advocate for the appellants CORAM:VINAY JOSHI, J.

DATE:18-02-2022 P. C.

.

The learned counsel for the appellants has submitted that matter is already settled and the appellants do not wish to prosecute the appeal. 2.

This appeal arises out of the judgment and award dated 22-08-2017 passed in MACP No. 15 of 2013 by MACT, Beed. Being aggrieved by the said decision owner and driver of the vehicle have preferred this appeal.

3.

During pendency of the appeal, the

(2) respondents-claimants have filed execution petition in the trial court. Said execution petition was kept in National Lok-Adalat where the matter has been settled. The learned counsel for the appellants tendered across the bar the order passed in execution petition dated 14-09-2019.

4.

In view of such settlement the appellants do not wish to proceed with the appeal and seeks for withdrawal.

5.

In view of above, appeal stands disposed of since withdrawn.

6.

It is submitted on behalf of all the appellants court fees and statutory amount be refunded to the legal heirs of the appellant No.2 i.e. Asha Jagtap.

7.

In view of above submission, prayer is accepted and the amount of court fees as per rules and statutory amount if permissible, be refunded in the name of Aasha Jagtap on behalf of all the appellants.

(3) 8.

Pending applications, if any stand disposed of.

[ VINAY JOSHI, J. ] VishalK/fa5052.17