Bhanu Jamnadas Kapadia And ANR. v. Tapan Sunil Kumar Aich S/O. Sunil Kumar Aich And ORS.

9-IA-13833-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13833 OF 2025 IN FIRST APPEAL (ST) NO. 22582 OF 2025 Bhanu Jamnadas Kapadia And Anr.

...Applicants

Versus

Tapan Sunil Kumar Aich S/o. Sunil Kumar Aich And Ors.

...Respondents

SNEHA NITIN CHAVAN **** Mr. Prasad Dani, Senior Advocate a/w Mr. Rahul Mestry for the Applicants.

by SNEHA NITIN CHAVAN Date: 2025.12.12 18:58:37 +0530 **** CORAM :

M.M. SATHAYE, J.

DATE :

12th DECEMBER, 2025 P.C. :

1.

Heard learned Senior Advocate for the Appellant/ Applicants. He points out that by bonafide mistake, this appeal is filed challenging the impugned Judgment and decree, when a revision application should have been filed. He seeks liberty to withdraw the appeal with liberty to file appropriate proceedings along with delay condonation application. 2.

Leave granted. Appeal and pending application are permitted to be withdrawn with liberty to file appropriate proceedings. 3.

Needless to mention that time spent by the Appellants in prosecuting the present appeal (from date of filing of this appeal till today) shall be excluded under section 14 of the Limitation Act, 1963 while computing the limitation for fresh proceedings to be filed. (M.M. SATHAYE, J.) Sneha Chavan 1/1