Anil Namdev Limbhore Throuth His Power Of Attorney Holder Smt Jayshri Anil Limbhore v. Chandrabhagabai Tukaram Walhekar

14-sa-234-2025-ia-3816-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 234 OF 2025 WITH INTERIM APPLICATION NO. 3816 OF 2025 Anil Namdev Limbhore through his Power of Attorney Holder Smt Jayshri Anil Limbhore ... Appellant/Applicant vs.

Chandrabhagabai Tukaram Walhekar and Ors ... Respondents Mr. Rakesh Sharad Patil for Appellant.

Mr. Yashodeep Deshmukh a/w. Vaidehi Pradeep Shantanu Katkar i/b. Mr. Pradip Patil for Respondent Nos. 1 to 4. CORAM : GAURI GODSE, J.

DATED : 22nd APRIL 2025 ORDER:

1.

Defendant No.1 who was the contesting defendant had preferred Second Appeal No. 68 of 2024. The second appeal preferred by defendant no.1 is dismissed on 10th April 2024. Copy of the order is placed on record.

2.

Learned counsel for the original plaintiff submits that the present appellant i.e. heirs of defendant no. 5 had filed pursis in the trial court admitting the suit claim. She further submits that the Page no. 1 of 2

14-sa-234-2025-ia-3816-2025.doc partition decree passed by the first appellate court stands confirmed in view of order dated 10th April 2024 passed in Second Appeal No. 68 of 2024.

3.

Learned counsel for the appellant does not dispute the submissions.

4.

In view of the aforesaid, nothing survives in this second appeal. Second appeal is therefore dismissed. 5.

In view of dismissal of the second appeal, the pending interim application is disposed of as infructuous.

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