Smt. Kusum Popat Khilare v. Shri. Poonaram Okaram Solanki

906-ao-905-2023-ia-16783-2023spm.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 905 OF 2023 WITH INTERIM APPLICATION NO. 16783 OF 2023 VARSHA VIJAY RAJGURU IN VARSHA VIJAY RAJGURU Date: 2025.03.05 18:14:20 +0530 APPEAL FROM ORDER NO. 905 OF 2023 Smt. Kusum Popat Khilare ... Appellant/Applicant vs.

Shri Poonaram Okaram Solanki ... Respondents Mr. Amit Gharte for Appellant/Applicant.

Mr. Prathamesh Bhargude a/w. Mr. Sumit Sonare. CORAM : GAURI GODSE, J.

DATED : 24th JANUARY 2025 ORDER:

1.

Learned counsel for the appellant on instructions seeks leave to withdraw the appeal with liberty to file appropriate application in the suit for modifying impugned order in the event the defendants i.e. appellants intend to create any third party interest. Leave granted.

2.

The appellants are at liberty to make an appropriate application as permissible in law in the event, they intend to create Note : This is the corrected order pursuant to speaking to minutes order dated 4th March 2025 Page no. 1 of 2

906-ao-905-2023-ia-16783-2023spm.doc any third party interest. If any application is made, the same to be decided on its own merits. The appeal is disposed of as withdrawn with liberty as recorded above.

3.

In view of disposal of the appeal from order, the pending applications are disposed of as infructuous.

(GAURI GODSE, J.) Note : This is the corrected order pursuant to speaking to minutes order dated 4th March 2025 Page no. 2 of 2