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Bombay High CourtCA/136/2018disposed offdismissed for default

Anandabai Gopal Shaha And Others v. Deelip Lakhichand Bhiwsara

2018-01-31Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 915ca134o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 134 OF 2018 IN RAST/41183/2017 WITH CIVIL APPLICATION NO.136 OF 2018 IN RAST/41183/2017 ANANDABAI GOPAL SHAHA AND OTHERS

VERSUS

DEELIP LAKHICHAND BHIWSARA ...

Advocate for the Applicants : Mrs.C.S. Deshmukh a/w Ms.Shubhada T. Kunjar..

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 31st January, 2018 Per Court:

The learned Advocate for the Review Applicants submits that after these applications were filed, Special Civil Suit No.112/1992 has been finally adjudicated upon. The Applicants desire to raise a comprehensive challenge to the said judgment and decree by filing a regular civil appeal and hence, desire to withdraw Civil Application No.134/2018 as well as the Review Application, on instructions. Considering the above, Civil Application No.134/2018 and the Review Application are disposed of as withdrawn, on instructions. Needless to state, the Applicants would be at liberty to raise

*2* 915ca134o18 all contentions, as are permissible in law, in the regular civil appeal. The pending Civil Application No.136/2018 with regard to bringing the legal heirs of the deceased Applicant No.2 on record, does not survive and stands disposed of, with liberty to bring the same on record in the regular civil appeal.

kps (RAVINDRA V. GHUGE, J.)