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Bombay High CourtCAS/705/2015dispossed offdismiss for default

Deoraoji S/O Bhawanjibhai Vegad And Another v. Champalal S/O Sundarlal Bhutada And Others

2015-08-11Hon'Ble Shri Justice A.P. Bhangale2 pages

sa259.05

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

SA NO.259 OF 2005 Deoraoji S/o Bhavanjibhai Vegad and anr ..vs..

Champalal Bhutada and ors Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri S.R. Deshpande, counsel for the appellants. Appellant No.2 appears in person.

CORAM : A.P. BHANGALE, J.

DATE : AUGUST 11, 2015.

CAS No.705 of 2015 Heard.

This is an application by appellant No.2, who is present before this Court, for withdrawal of the second appeal.

Learned counsel for appellant No.2 submits that since appellant No.1 died and his legal heirs have not been brought on record and such the appeal is abated against him and since during the pendency of the appeal the parties have arrived at a compromise and settlement the dispute out of the Court, seeks leave to withdraw the second appeal.

In view of the statement, learned counsel for appellant No.2 is allowed to withdraw the appeal. .....2/-

sa259.05 The second appeal is disposed of as withdrawn.

The civil application is disposed of as such. In view of disposal of the second appeal as withdrawn, Civil Application (CAS) Nos.556, 557 and 558 are also disposed of accordingly.

JUDGE !! BRW !!