Suhas S/O. Wamanrao Khadgi vs Arun S/O. Wamanrao Khadgi And ...
2022 Latest Caselaw 2545 Bom

                                             1/2                           916.sa20.2016

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                  CIVIL APPLICATION (CAS) NO. 1356 OF 2017
                                     IN
                        SECOND APPEAL NO. 20 OF 2016
                              Suhas s/o Wamanrao Khadgi
                                         Vs.
                           Arun s/o Wamanrao Khadgi and anr.
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. R.L. Khapre, Advocate a/by Mr. D.R. Khapre, Senior Advocate for petitioner.

Mr. S.G. Malode, Advocate for respondent No.1. Mr. C.G. Barapatre, Advocate for respondent No.2.

                                        CORAM          :       MANISH PITALE J.
                                        DATE           :       15.03.2022.

This appeal was admitted on 02.03.2017 on substantial question of law framed by this Court.

2. Now, this application is filed on behalf of respondent No.1 seeking permission to withdraw the Civil Suit itself on the basis of amicable settlement of dispute between the parties. It is stated that the respondent No.1 desires to unconditionally withdraw Special Civil Suit No.142 of 2000, as a consequence of which, the judgment and decree passed by the 7 th Joint Civil Judge, Senior Division, Nagpur, and confirmed by the District Court, Nagpur deserves to be set aside.

Prity 2/2 916.sa20.2016

3. For the reasons stated in the application, the same is allowed. Consequently, respondent No.1 is permitted to unconditionally withdraw Special Civil Suit No.142 of 2000. As a result, the impugned judgment and decree passed by the 7th Joint Civil Judge, Senior Division, Nagpur, and confirmed by the District Court, Nagpur stands set aside.

4. The civil application as well as the appeal stand disposed of.

                                                                       JUDGE




            Digitally signed
            by PRITY S
            GABHANE
PRITY S     Date:
GABHANE     2022.03.16
            18:42:20
            +0530




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