Kailas S/O Uttam Mahale And Another v. Uttam S/O Vithoba Mahale And Others

1-sa-77-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Second Appeal (SA) No. 77 of 2021 Kailas S/o Uttam Mahale and another

Versus

Uttam S/o Vithoba Mahale and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.D.Chande, Advocate for the appellants. CORAM : ANIL S. KILOR, J.

DATED : 3rd FEBRUARY, 2023.

In view of the fact that both the Courts below have held that appellant being legitimate son of defendant no.1 cannot claim partition during the life time of defendant no.1 and as defendant no.1 has expired during the pendency of the present appeal, the appellant wants to withdraw the present appeal with liberty to file a fresh suit for partition.

2.

Permission to withdraw the present appeal is granted with liberty to avail the remedies available under the law for claiming partition in the properties of the defendant no.1.

3.

Second appeal is disposed of as withdrawn.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2023.02.16 17:24:46 +0530 SKNair SACHINDANAND K NAIR