Kamruddin Pachhaso Pirjade v. Ahmadpasha Iimmamuddin Pirjade

47.cas.1771.12.sxw ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1771 OF 2012 IN SECOND APPEAL NO. 510 OF 2012 Kamruddin Pachhaso Pirjade .. Applicant Vs.

Ahmadpasha Immamuddin Pirjade and others .. Respondents Mr.Abhishek Deshmukh i/b Mr.S.A.Sawant, Advocate for the Applicant.

Mr.Bhushan Walimbe, Advocate for Respondent No.1. CORAM :

R. G. KETKAR, J.

DATE : 24th APRIL, 2015 P.C. :

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Heard Mr.Abhishek Deshmukh, learned Counsel for the applicant and Mr.Bhushan Walimbe, learned Counsel for respondent No.1.

2.

Mr.Deshmukh seeks permission to withdraw this application on the ground that in paragraph 25 of the District Court's judgment, the learned District Judge has recorded a finding that defendants No. 25 & 26 are not necessary parties to the suit. He submitted that respondent No.25­defendant No. 25 died on 19/09/2004 during the pendency of the appeal. 3.

On the motion made by Mr.Deshmukh, application is allowed to be withdrawn as not pressed. Order accordingly. (R. G. KETKAR, J.) 1/2

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