Disposed

Nandkumar Yadavrao Nimbalkar (Since Decd. Thr.Lrs) Mrs. Bebi Nandkumar Nimbalkar and Ors. v. Ashish Baliram Tamboli

Bombay HC30 Sept 2021SA/295/2021

Case brief

AI extract

What is this about?

The single judge disposed of the second appeal under Rule 8(2) of the Maharashtra Rent Control Act as withdrawn by the appellants, granting liberty to file a writ petition under Article 226 of the Constitution.

What did the court decide?

Leave and liberty granted to withdraw the second appeal with liberty to file a writ petition under Article 226 of the Constitution.

Nandkumar Yadavrao Nimbalkar (Since Decd… — Civil Procedure and Limitation | Bombay HC (2021)

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Osk

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 8-Sa-295-2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO. 295 OF 2021
WITH

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INTERIM APPLICATION NO. 2599 OF 2021

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Nandkumar Yadavrao Nimbalkar
(Since deceased) Through LRs.
Mrs. Bebi Nandkumar Nimbalkar & Ors.… Appellants
V/s.
Ashish Baliram Tamboli… Respondent

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Mr.Vaibhav R. Gaikwad for Appellants.
Mr.Dhananjay Ranaware for Respondent.

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CORAM : A.S. GADKARI, J.
DATE : 30th September 2021.

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P.C. :

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1.At the outset Mr.Ranaware, learned Advocate appearing for the
Respondent raised a preliminary objection and submitted that, against the
impugned Judgment and Order dated 18th July 2020 passed by the District
Judge-3, Satara in Regular Civil Appeal No. 105 of 2012, under the provisions
of Maharashtra Rent Control Act, present Second Appeal is not maintainable.

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2.Facing with the said difficulty, Mr.Gaikwad, learned Advocate for
the Appellants seeks leave to withdraw present Second Appeal with liberty to
file a substantive Petition under Article 227 of the Constitution of India
impugning the said Judgment and Order dated 18th July 2020.

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Leave and liberty granted.

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3.Second Appeal is disposed off as withdrawn with aforesaid liberty.
4.In view of disposal of Appeal, Interim Application No.2599 of
2021 does not survive and is accordingly disposed off.

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Digitally signed OMKAR by OMKARSHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2021.09.30 13:45:57 +0530

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Nandkumar Yadavrao Nimbalkar (Since Decd. Thr.Lrs) Mrs. Bebi Nandkumar Nimbalkar and Ors. v. Ashish Baliram Tamboli

Case brief

What is this about?

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Nandkumar Yadavrao Nimbalkar (Since Decd. Thr.Lrs) Mrs. Bebi Nandkumar Nimbalkar and Ors. v. Ashish Baliram Tamboli

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