A second appeal dismissed earlier for non-prosecution was restored by consent due to a settlement between parties and finally disposed of by allowing withdrawal.
The Second Appeal is restored and disposed of as allowed to be withdrawn unconditionally.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.147 OF 2004
Laldesaheb Shah Ahmed Sayyad & Ors. ...Appellants
V/s.
Abdul Rahim Nabilal Sayyad & Ors. ...Respondents
Mr.T.D.Deshmukh for Appellants.
Mr.I.M.Khairdi for Respondent No.3.
CORAM: A.M.KHANWILKAR, J.
MARCH 20, 2009.
P.C.
1. This Appeal is already dismissed for
non-prosecution in terms of conditional order dated
24th July 2006. However, in view of the settlement
arrived at between the parties, it is agreed that
the Appeal be restored to the file and thereafter
allowed to be withdrawn unconditionally.
2. In the circumstances, although the subject
Second Appeal is not assigned to me, by consent of
parties, it is heard along with Writ Petition
: 2 :
No.6602/2008 which is listed today.
3. The final orders on the said Writ Petition
have been deferred because of agreement between the
parties that the Second Appeal be restored and
disposed of as allowed to be withdrawn.
Accordingly, the Second Appeal is taken on Board.
The same is restored by consent of the parties by
recalling order dated 24th July 2006. Instead, the
Second Appeal is disposed of as withdrawn.
A.M.KHANWILKAR, J.
Laldesaheb Shah Ahmed Sayyad & Ors.
Abdul Rahim Nabilal Sayyad & Ors.
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court