Baban Ramchandra Shukla And 2 Others v. Parag Arvind Shukla And Another

9 sa 491-2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 491/2013 Baban Ramchandra Shukla and others Vs.

Parag Arvind Shukla and another - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri S.S. Deshpande, Advocate for appellants Shri A.A. Sambaray, Advocate for respondents CORAM : SMT. M.S. JAWALKAR, J.

DATE : 06/09/2023 Heard learned Counsel for appellants and respondents.

2.

Learned Counsel for appellants filed pursis seeking permission to withdraw the second appeal unconditionally. 3.

Learned Counsel for respondents vehemently opposed the application simply to withdraw and requested to impose costs, in view of Order 23, Rule 1 Sub Clause 4. It is his contention that the cost may be awarded as he was dragged into litigation unnecessarily.

4.

I have perused the pursis. It appears that some suits, which are informed, not related to the subject matter in present appeal came to be withdrawn by respondents. As such, the appellants are permitted to withdraw the second appeal unconditionally. However, the appellants are hereby directed to pay respondents the amount of Rs.3000/-, as costs of the litigation. As such, second appeal stands disposed of. (SMT. M.S. JAWALKAR, J.) Jayashree..