Shri. Sai Sidhi Builder And Developer Thr. Shri Yogesh Ramesh Kulkarni v. Smt. Kalindibai Dattatray Phadke (D/H) Shri. Anil Dattatray Phadke And ORS

by VARSHA VIJAY RAJGURU Date:

2024.10.19 16:13:01 +0530 VARSHA VIJAY RAJGURU 15-sa-979-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 979 OF 2022 WITH INTERIM APPLICATION NO. 30784 OF 2022 IN SECOND APPEAL NO. 979 OF 2022 Shri Sai Sidhi Builder And Developer Thr Shri Yogesh Ramesh Kulkarni ... Appellant/Applicant vs.

Smt. Kalindibai Dattatray Phadke (D/H) Shri Anil Dattatray Phadke and Ors ... Respondents Mr. Umesh Mankapure a/w. Ms. Rati S. Sinhasane for Appellant/Applicant Mr. Kuldeep U. Nikam a/w. N. Shinghvi for Respondents. CORAM : GAURI GODSE, J.

DATED : 16th OCTOBER 2024 ORDER:

1.

Learned counsel for the appellant on instructions seeks leave to withdraw the Special Civil Suit No. 66 of 2013 with liberty to file a fresh suit.

2.

Learned counsel for the respondents submits that if Page no. 1 of 2

15-sa-979-2022.doc questions with regard to the cause of action and limitation are kept open, he does not have any objection for grant of the aforesaid leave with liberty.

3.

Hence, the appellant is granted permission to withdraw the Special Civil Suit No. 66 of 2013 with liberty to file a fresh suit. 4.

It is clarified that all the rival contentions of the parties including the issues regarding the cause of action and limitation are kept open.

5.

In view of withdrawal of the suit, nothing survives in the second appeal. Second appeal is disposed of with the aforesaid liberty.

6.

In view of disposal of the second appeal, pending applications stand disposed of as infructuous.

(GAURI GODSE, J.) Page no. 2 of 2