Single judge permitted withdrawal of second appeal on consent with liberty to file civil revision application, keeping contentions open.
Second appeal withdrawn with liberty to file civil revision; contentions kept open.
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905 Sa-820-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 820 OF 2016
Dattatraya Rama Gore ...Appellant. Versus Sadashiv Rama Gore ...Respondent.
Mr. Surel S. Shah for the appellant.
Mr. Sumedh Modak i/b Mr. Vijay Killedar for the respondent.
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Coram : Sharmila U. Deshmukh, J. Date : March 21, 2024.
P. C. :
1. Leave to amend to annexe the copy of trial Court decree and the memo of first appeal. Amendment to be carried out forthwith.
2. Learned counsel appearing for the appellant seeks permission to withdraw the appeal since civil revision application is maintainable against the impugned order. Second appeal is permitted to be withdrawn with liberty to file civil revision application subject to the rights and contentions of both the parties are expressly kept open.
[Sharmila U. Deshmukh, J.]
1 of 1
Patil-SR
Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 22/03/2024 18:16:31
1 issue framed by the court
Whether second appeal filed after civil revision proceedings have already commenced is maintainable.
Dattatraya Rama Gore
Sadashiv Rama Gore
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court