Ramchandra Laxman Joshi (Deceased Through Legal Heirs) v. Kolhapur Municipal Corporation Through Its Commissioner
12-SA-382-2020.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION rrpillai SECOND APPEAL NO. 382 OF 2020 WITH INTERIM APPLICATION NO. 8023 OF 2024 WITH CIVIL APPLICATION NO. 339 OF 2020 Ramchandra Laxman Joshi ...
Applicant/Appellant Vs.
Kolhapur Municipal Corporation ...
Respondents through its Commissioner Kolhapur and Anr.
Mr. Kalpesh Patil for the Appellant.
Mr. Abhijit Adagule a/w. Mr. Shantanu Patil for Respondent Nos. 1 and 2.
CORAM : GAURI GODSE, J.
DATE :
30th JULY 2024 ORDER :
Interim Application No. 8023 of 2024 1.
This application is for bringing on record names of heirs and legal representatives of the deceased sole appellant. There is delay of three years and 125 days in filing the application. 2.
Learned counsel for the applicant submits that the delay in filing the application is explained in paragraph 10 of the application. by RAJESHWARI RAMESH PILLAI Date: 2024.08.03 11:20:08 +0530 RAJESHWARI RAMESH PILLAI 1/2
12-SA-382-2020.docx He further submits that the heirs and legal representatives of the sole appellant has by way of written instructions informed that they do not wish to prosecute the Second Appeal and instructed him to withdraw the Second Appeal.
3.
Learned counsel for the appellant has tendered copy of the written instructions and the same are taken on record. 4.
For the reasons stated in the application, delay is condoned, application is allowed in terms of prayer clause (a), (b) and (c). Amendment to be carried out within three weeks. 5.
Interim Application is disposed of in the above terms. Second Appeal No. 382 of 2020 6.
In view of the written instructions tendered on record, learned counsel for the appellant seeks leave to withdraw the Second Appeal. Leave granted.
7.
Second Appeal is disposed of as withdrawn.
8.
In view of the withdrawal of the Second Appeal, Civil Application No. 339 of 2020 is disposed of as infructuous. [GAURI GODSE, J.] 2/2