Bombay High CourtCAF/411/2015dispossed offdismiss for default

Ramchandra Vishnu Kunte And 5 Others. v. Nagpur Improvement Trust,Nagpur.

2015-02-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf411.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.411/2015 IN FIRST APPEAL NO.89/1999 Ramchandra Vishnu Kunte through L.Rs. and others ..Versus..

Nagpur Improvement Trust, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.G. Kulkarni, Adv. for the applicants/appellants. Shri R.O. Chhabra, the learned advocate for the respondent. CORAM : Z.A. HAQ, J.

DATE : 12.2.2015 The appellants seek permission to withdraw the appeal in view of subsequent developments as stated in the application. Shri R.O. Chhabra, the learned advocate for the respondent opposes the conditional withdrawal. Accepting the objection raised on behalf of the respondent, the appellants are permitted to withdraw the appeal unconditionally.

2 caf411.15 Though the learned advocate for the respondent submits that costs be saddled on the appellants. The learned advocate for the appellants submit that considering the facts of the case costs need not be imposed.

The appeal is dismissed as withdrawn. In the circumstances, the parties to bear their own costs.

C.A.F. NO.2581/2014.

In view of the disposal of the appeal the application is rendered infructuous. It is disposed of accordingly. JUDGE Tambaskar.