Sheikh Ahmed S/O Sheikh Chand Mohammad v. Kazi Nasiruddin S/O Kazi Ikramuddin

34-sa-46-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Second Appeal No. 46 of 2023 Sheikh Ahmed S/o Sheikh Chand Mohammad

Versus

Kazi Nasiruddin S/o Kazi Ikramuddin (Dead) through legal representatives Smt. Khirrunnisa Quazi Nasiruddin 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 B.K.Shende, Advocate for the appellant.

Shri P.K.Mishra, Advocate for the respondents. CORAM : ANIL S. KILOR, J.

DATED : 23rd FEBRUARY, 2023.

Shri Mishra, learned counsel for the respondents raised objection to the maintainability of Second Appeal, in view of Section 34 Sub-Section 3 of the Maharashtra Rent Control Act, 1999.

2.

Thereupon, Shri Shende, learned counsel for the appellant seeks permission to withdraw the present second appeal with liberty to file a writ petition. 3.

Permission is granted with liberty as prayed for.

4.

Second appeal is disposed of as withdrawn.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2023.02.24 14:55:46 +0530 SACHINDANAND K NAIR SKNair