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Bombay High CourtCAS/32/2023disposed off

Namdev Appaji Nikam( Since Decd. Thr. Lrs) Smt. Kamal Namdev Nikam v. Nivrutti Appaji Nikam And ORS.

2023-04-25Hon'Ble Shri Justice Madhav J. Jamdar2 pages

4.sa.39.2012.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 39 OF 2012 WITH CIVIL APPLICATION NO. 32 OF 2023 IN SECOND APPEAL NO. 39 OF 2012 Namdev Appaji Nikam (Since deceased by his legal heirs) 1A) Smt. Kamal Namdev Nikam & Ors.

...Appellants

Versus

Nivrutti Appaji Nikam & Ors.

...Respondents

Mr. Prajakt M. Arjunwadkar, for the Appellants. Mr. Sanna Jamadar i/b Umesh Mankapure, for the Respondents.

CORAM :

MADHAV J. JAMDAR, J.

DATE : 25st April, 2023 P.C.:

1.

Mr. Ajunwadkar, learned counsel appearing for the Appellants has fled withdrawal pursis executed by Appellant Nos. 1B and 1C. He states that, Appellant No. 1A has passed away and Appellant Nos. 1B and 1C are the legal representatives of Appellant No. 1A.

2.

Appellant Nos. 1B and 1C are present in Court and confrms that, they want to withdraw the Second Appeal. The withdrawal

4.sa.39.2012.doc pursis is taken on record and marked 'X' for identifcation. 3.

Accordingly, the Second Appeal is allowed to be withdrawn and dismissed as such.

4.

In view of dismissal of Second Appeal, nothing survives in the Civil Application and the same is also dismissed. (MADHAV J. JAMDAR, J.)