The court permitted the applicant to withdraw the civil application for condonation of delay and the second appeal (stamp) upon filing a request and supporting documents evidencing subsequent developments in the matter.
Withdrawal of civil application and second appeal allowed; court fees refunded.
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1 18 cas 1022.12 with sa st 12693.12.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1022 OF 2012 IN SECOND APPEAL (STAMP) NO.12693 OF 2012 WITH SECOND APPEAL (STAMP) NO.12693 OF 2012
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr. C.R. Sonawane for the Applicant/ Appellant. Mr. Priten P. Killedar for Respondent no.1/A.
CORAM : K.K.TATED, J. DATE : 17/08/2012
PC :
1 Heard the leaned counsel for the parties.
2 This Application is preferred by original Plaintiff for condonation of 186 days delay in preferring the Second Appeal against the judgment and decree dated 13th July, 2011 passed by the District Judge – 1, Baramati, District Pune in Regular Civil Appeal no.35 of 2006.
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2 18 cas 1022.12 with sa st 12693.12.doc
3 The learned counsel appearing on behalf of the Applicant states that in view of the subsequent development in the matter, he received instructions from his client to withdraw the present Civil Application as well as Second Appeal. In support of subsequent development, the learned counsel for the Applicant placed on record a copy of the order passed by the District Superintendent of Land Record, Pune dated 27th April, 2012, a copy of 7/12 extract and a copy of order dated 22nd June, 2012 passed by the Deputy Superintendent of Land Recors, Daund. The same are taken on record and marked 'X' for identification. The Applicant is allowed to withdraw the Civil Application as well as the Second Appeal.
4 Civil Application as well as Second Appeal are dismissed as withdrawn. Refund of court fees as per law.
(K.K.TATED, J.)
katkam
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1 issue framed by the court
Whether the applicant is permitted to withdraw the civil application and second appeal.
Original Plaintiff
Respondent no.1
K.K.Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
