Chandrashekhar S/O Champalalji ... vs Omprakash S/O Chiranjilal ...
2021 Latest Caselaw 370 Bom

936AO11.2010.odt                                                                                 1

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH, NAGPUR.

                     CIVIL APPLICATION (CAA) NO. 22 OF 2020
                                        IN
                      APPEAL AGAINST ORDER NO. 11 OF 2010
     Chandrashekhar s/o Champalalji Ughde (since deceased) thr. L.R's and ors.
                                      Vrs.
                  Omprakash s/o Chiranjilal Agrawal and ors.
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Ms. I.R. Khisti, Adv. for the appellants.


                                  CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 07, 2021.

Heard.

2. It is stated that in Appeal Against Order No. 10/2010, respondent Nos. 1 and 2 have admitted the claim of the original plaintiff, the said appeal was proposed to be withdrawn but inadvertently the Appeal Against Order No. 11/2010 came to be withdrawn.

3. It is stated that both the appeals have common parties and the appeal is preferred against common judgment and order and the said mistake had occurred inadvertently.

4. Considering the reasons stated above, application is allowed in terms of prayer clause (i), which reads as under :

"(i) permit the appellant to withdraw the Appeal Against Order bearing No. 10/2010 instead of A.O. No. 11/2010, in the interest of justice and kindly restore the Appeal Against Order No. 11/2010 on file."

5. The appellant is permitted to withdraw A.O. No. 10/2010 and A.O. No. 11/2010 is restored to the file.

6. The application stands disposed of. No costs.

JUDGE D.S. Baldwa