Balbhim Bapu Anpat v. Dilip Namdeo Yadav

47.490.24 ia.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 490 OF 2024 INTERIM APPLICATION NO. 488 OF 2024 IN SECOND APPEAL ST NO. 32000 OF 2023 Balbhim Bapu Anpat .....Applicant Vs.

Dilip Namdeo Yadav .....Respondent Mr. Bhalchandra S. Shinde for the applicant CORAM : GAURI GODSE, J.

IRESH MASHAL DATE :

27th NOVEMBER 2024 Digitally signed by IRESH MASHAL Date:

2024.11.28 12:36:12 +0530 ORDER:

INTERIM APPLICATION NO. 490 OF 2024:

1.

Learned counsel for the applicant on instructions of the applicant seeks leave to withdraw the present application and the second appeal with liberty to file appropriate application before the District Court for restoration of the Miscellaneous Application No. 23 of 2023. He submits that since the application was dismissed for non removal of office objections, the applicant would take steps to remove office objections and file appropriate application for restoration of 1/2

47.490.24 ia.docx Miscellaneous Application No. 23 of 2023.

2.

Leave granted with liberty as prayed. Interim Application No. 490 of 2024 and Second Appeal St No. 32000 of 2023 are permitted to be withdrawn with liberty to file appropriate application before the District Court at Baramati for restoration of Miscellaneous Application No. 23 of 2023.

3.

If any such application is filed, the same to be decided in accordance with law by giving an opportunity to the applicant to remove office objections.

4.

It is clarified that the applicant would be entitled to seek benefit of the pendency of present proceedings for seeking condonation of delay, if any, in filing the application before the District Court, Baramati. 5.

Interim Application No. 490 of 2024 and Second Appeal St No. 32000 of 2023 are disposed of as withdrawn with aforesaid liberty. 6.

In view of dismissal of second appeal, Interim Application No. 488 of 2024 is disposed of as infructuous.

[GAURI GODSE, J.] 2/2