Single bench disposed of a Second Appeal by allowing its withdrawal, thereby disposing of a companion Interim Application. User granted liberty to adopt appropriate proceedings.
Second Appeal allowed to be withdrawn with liberty to adopt appropriate proceedings; Interim Application disposed of.
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910 sa 146.22, IA 1053.22.doc
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.146 OF 2022 WITH INTERIM APPLICATION NO.1053 OF 2022
Uttamchand Keshavchand …Appellants Lunawat
BHALCHANDRA GOPAL DUSANE
Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2023.01.16 11:44:40 +0530
V/s. M/s Ghodke Brothers, through …Respondents Proprietor Shri. Ashok Neminath Ghodke
Mr. M.S. Athalye h/for Mr. Shastry V.A. for Appellants/Applicants.
CORAM: MADHAV J. JAMDAR, J. DATE: 13th JANUARY, 2023
P.C.:
1. Heard Mr. Athalye, learned Counsel appearing for the Appellants. Mr. Athalye fairly states that by the impugned order, delay condonation application filed in the First Appeal is dismissed. He states that the appeal was filed before the District Judge, Pune challenging the judgment and decree dated 19th June 2018 passed by the learned Additional Small Causes Court, Pune in Civil Suit No. 73 of 2017. The said suit was filed
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910 sa 146.22, IA 1053.22.doc
under Section 26 of the Provincial Small Cause Courts Act, 1887. He, therefore seeks withdrawal of the Second Appeal with liberty to file appropriate proceedings.
2. In view of submissions of Mr. Athalye, the Second Appeal is allowed to be withdrawn with liberty to adopt appropriate proceedings.
3. In view of withdrawal of the Second Appeal, nothing survives in the Interim Application and the same is also disposed of.
(MADHAV J. JAMDAR, J.)
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Uttamchand Keshavchand
M/s Ghodke Brothers
Madhav J. Jamdar
As recorded by the court registry
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