Sheshrao Shalikram Mohod And Another v. Kashiram Bendraji Mohod And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Second Appeal No. 241 of 2017 [Sheshrao Shalikram Mohod & another Vs. Kashiram Bendraji Mohod & another] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. T. Rahul, Adv., for the appellants.

Mr. K. B. Zinjarde, Adv., for respondent nos. 1 and 2. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

04th August, 2017 In view of observations of the first appellate Court in paragraph 8 of its judgment that the counsel for the respondents in that appeal was absent when the appeal was heard, Shri T. Rahul, learned counsel for the appellants, seeks permission to withdraw the appeal as the appellants intend to file an application under provisions of Order-XLI, Rule 21 of the Civil Procedure Code, 1908, before the first appellate Court. Second Appeal is permitted to be withdrawn. It is open for the appellants to move the first appellate Court under provisions of Order-XLI, Rule 21 of the Code. If such application is made, same shall be considered on its own merits.

Judge ||hedau|