Raju S/O Chavdas Sapkal And Another v. Sainath S/O Dhannalal Javeri And Another

1 sa342.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL NO.342/2019 Raju S/o. Chavdas Sapkal & Anr.

..VS..

Sainath S/o. Dhannalal Javeri & Anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Smt S. W. Deshpande, Advocate for the appellants Shri A. V. Bhide, Advocate for the respondents. CORAM : V. M. DESHPANDE, J.

DATED : 08/08/2019 Shri A. V. Bhide, the learned counsel for the respondents submits that this second appeal is not maintainable in view of Section 34 (3) of the Maharashtra Rent Control Act, 1999.

2] Smt. S. W. Deshpande, the learned counsel for the appellants submits that she will examine the issue and for that she prays for time.

3] Shri A. V. Bhide, the learned counsel for the respondents pointed out me the order passed in Second Appeal No. 440/2012 (Coram : R. K. Deshpande, J.). In view of that, Smt S. W. Deshpande learned counsel for the appellants submits that she wish to withdraw the present second appeal with liberty to take appropriate steps.

2 sa342.2019 Second appeal is disposed of as withdrawn with liberty to the appellant to take appropriate steps. 4] The interim order granted on 29/07/2019 in second appeal shall operate till 30/08/2019. After 30/08/2019, the interim order dated 29/07/2019 shall ceased to operate automatically.

In view of withdrawal of second appeal, Civil Application No. 653/2019 stands disposed of.

JUDGE Namrata