Nitendra Gorakhsing Girase vs Bhaskar Kautik Sonawane
2021 Latest Caselaw 11805 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                        934 SECOND APPEAL NO.239 OF 2021
                        WITH CA/5453/2021 IN SA/239/2021


                           NITENDRA GORAKHSING GIRASE
                                      VERSUS
                   BHASKAR KAUTIK SONAWANE AND OTHERS
                                        ...
        Mr. M.S. Shah and Mr. S.P. Brahme, Advocates for the appellant
            Mr. S.S. Deshmukh, Advocate for respondent Nos.2 and 3
    Mr. R.R. Kazi, h/f Mr. A.R. Syed, Advocate for respondent Nos.4 and 5
                                        ...

                                   CORAM :     SMT. VIBHA KANKANWADI, J.
                                   DATE :      25th AUGUST, 2021.


PER COURT :



1              By pursis, which is now marked as Exh.'X' the original plaintiff

Nos.2 and 3 are abandoning their claim to challenge the appointment of the

appellant, that is, the relief claimed in the suit filed by the present

respondent Nos.2 and 3 in Regular Civil Suit No.298/2008. The pursis has

been filed under Order XXIII Rule 1 of the Code of Civil Procedure, 1908.

The pursis is signed by both the plaintiff Nos.2 and 3 and their Advocate. As

regards the original plaintiff No.1 is concerned, the learned Advocate for the

appellant submits that he has already retired now and the appellant would



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                                            2                                      SA_239_2021



withdraw the Second Appeal as against him. This abandonment of claim is in

pursuance to the settlement, that is, arrived at between the parties. Under

such circumstance, when the original plaintiff Nos.2 and 3 can abandon their

claim in the suit that can be accepted and as regards the respondent No.1 is

concerned, the Second Appeal can be disposed of as withdrawn. Hence,

following order.


                                         ORDER

1 In view of the abandonment of the claim by plaintiff Nos.2 and

3, the Judgment and Decree passed by learned Joint Civil Judge Senior

Division, Dhule on 20.06.2013 stands set aside, as against plaintiff Nos.2 and

3. So also, the Judgment and Decree passed in Regular Civil Appeal

No.90/2013 passed by learned District Judge-3, Dhule on 02.03.2021 stands

set aside, as against respondent Nos.2 and 3 therein.

2 Second Appeal stands disposed of as withdrawn, as against

present respondent No.1-original plaintiff No.1.

3 In view of above, the Second Appeal stands disposed of.

4                No order as to costs.




                                                 ( Smt. Vibha Kankanwadi, J. )
agd