Single-judge order allowing withdrawal of a second appeal on the appellant's submission that it is not maintainable, with liberty to pursue other proceedings. Separate pending civil application was also disposed of.
Allowance to withdraw the second appeal with liberty to file appropriate proceedings; disposal of the civil application.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 745 of 2008 WITH
CIVIL APPLICATION NO. 1894 of 2008 in SA 745/08
Murlidhar Dharmaji Jagtap ...Appellant v/s. Smt. Chandrabai L. Jagtap ...Respondents
Shri S.P. Thorat for the petitioner.
Shri Mandar Kulkarni i/b. Shriram Kulkarni for the respondents
CORAM:- A.M.KHANWILKAR, J
DATED:- September 11, 2009.
P.C.
Counsel for the Appellant fairly accepts that second appeal is not maintainable. Hence, request is made for liberty to withdraw this Appeal so that the appellant can file appropriate proceedings against the impugned decision.
Counsel for the Respondent in all fairness submits that the ground of proposed proceedings is barred by limitation will not be pressed by the Respondents and
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they would proceed with hearing of the proposed matter on merits.
(A.M.KHANWILKAR, J)
1 issue framed by the court
Whether the second appeal is maintainable when the appellant admits lack of maintainability and seeks liberty to withdraw.
Murlidhar Dharmaji Jagtap
Smt. Chandrabai L. Jagtap
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
