Balaram Bhikhu Samjiskar (Deceased) v. Shakuntala Vishnu Kadam

by VARSHA VIJAY RAJGURU Date:

2024.11.27 14:12:16 +0530 VARSHA VIJAY RAJGURU 10-ia-9111-2024-sa-138-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9111 OF 2024 WITH CIVIL APPLICATION NO. 1583 OF 2018 IN SECOND APPEAL NO. 138 OF 2019 Laxmibai Balaram Samjiskar and Ors ... Applicants

IN THE MATTER OF

Balaram Bhikhu Samjiskar ... Appellant vs.

Shakuntala Vishnu Kadam and Ors ... Respondents Mr. Vivek Patil a/w. Mr. Afsar Ansari i/b. Mr. Vivek Patil and Associates for Appellants.

Mr. Ashish Agarkar, Mr. Ishan Zawar, for Respondent No.1. CORAM : GAURI GODSE, J.

DATED : 25th NOVEMBER 2024 ORDER:

INTERIM APPLICATION NO. 9111 OF 2024 1.

Learned counsel for the applicants on instructions seeks leave to withdraw this application with liberty to agitate the grievance of the applicants in the first appeal preferred against the Page no. 1 of 2

10-ia-9111-2024-sa-138-2019.doc final decree of partition and in the proceedings for actual division of the landed properties as per the impugned judgments and decrees. Leave granted.

2.

The applicants are at liberty to agitate their grievances in appropriate proceedings as permissible in law. The rival contentions of all the parties on merits are kept open. Interim application is disposed of as withdrawn with liberty as recorded above. In view of withdrawal of this application all other pending applications are disposed of as withdrawn.

3.

In view of the aforesaid, nothing survives in the second appeal, the second appeal is disposed of.

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