Dismissed
S.B.Gaikwad and Ors. v. N.H.Kale and Ors.
Bombay HCSA/806/2004
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HIGH COURT OF JUDICATURE AT BOMBAYIN THE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 806 OF 2004
S.B. Gaikwad & ors. ... Appellants
V/s
N. H. Kale & ors. ... Respondents
Mr. S.S. Patwardhan for the appellants.
Mr. S.M. Kamble for the respondents 1 to 5.
CORAM: P.V. KAKADE, J.
DATED: 18TH AUGUST, 2005
P.C.:
1. Heard learned counsel for both parties. Perused the
record.
2. After hearing both sides for some, the learned
counsel for the respondent Nos. 1 to 5 who are original
plaintiffs, has submitted that since they have
approached the competent authority i.e. the Office of
the Charity Commissioner to get the grievances redressed
according to law, there is no reason to pursue the
matter and, therefore, he seeks permission to withdraw
the suit itself.
2
3. In view of the facts and circumstances, the
permission is granted to withdraw R.C.S. No. 155 of
1991 filed in the Court of Civil Judge, Jr.Divn.,
Panhala against which R.C.A. No. 319 of 1995 was filed
against the present second appeal came to be filed. The
suit being R.C.S. No. 155 of 1991 stands disposed of
as withdrawn and, as such, the present appeal becomes
infructuous and stands disposed of with no order as to
costs.
S.B. Gaikwad & ors.
N. H. Kale & ors.
P.V. Kakade
As recorded by the court registry
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