Chandrakala Bapu Shinde And Ors vs Shashikant Eknath Vidhate
2022 Latest Caselaw 12104 Bom

                                                         908-ia-19876-2022.doc
Sonali


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                            SECOND APPEAL NO. 719 OF 2022
                                       WITH
                        INTERIM APPLICATION NO. 19876 OF 2022


         Chandrakala Bapu Shinde & Ors.                 ...Applicants
            Versus
         Shashikant Eknath Vidhate                      ...Respondent


         Mr. Atul Damle, Senior Advocate, i/b. Mr. Harshad M. Inamdar, for
         the Appellants.

         Mr. Sachin S. Gite, for the Respondent.


                                  CORAM : MADHAV J. JAMDAR, J.

DATED : 24th NOVEMBER 2022

P.C. :

1. After arguing the matter for some time and after taking

instructions from the Appellants, Mr. Atul Damle, learned

Senior Counsel along with Mr. Inamdar, Advocate, appearing

for the Appellants make a statement that Appellants are

intending to file civil suit seeking appropriate reliefs and

therefore, seek leave to withdraw application bearing Exhibit

46 filed in Regular Darkhast No.130 of 1990.

2. Mr. Sachin Gite, learned counsel appearing for the

908-ia-19876-2022.doc Sonali

Respondent submits that he has no objection for the same but

no interim protection be granted and all the contentions on

merits be kept open.

3. Leave as sought is granted.

4. In view of the above submissions and as the Exhibit 46 Digitally signed by SONALI SONALI MILIND application is withdrawn, the impugned order dated 19 th MILIND PATIL PATIL Date:

2022.11.24 17:57:01 November 2021 passed by the learned 2nd Joint Civil Judge, +0530

(Senior Division), Nashik below Exhibit 46 in Regular Darkhast

No.130 0f 1990 and impugned Judgment and Decree dated 3 rd

September 2022 passed by the learned District Judge-7, Nashik

in Regular Civil Appeal No.123 of 2021 are quashed and set

aside.

5. Contentions of both the parties are expressly kept open.

6. It is clarified that this Court has not examined the merits

of the matter.

7. It is further clarified that this Court has not granted any

stay to the execution proceedings.

8. In view of above, the Second Appeal is disposed of in the

above terms.

9. As the Second Appeal is disposed of, nothing survives in

908-ia-19876-2022.doc Sonali

the Interim Application and same stands disposed of.

[MADHAV J. JAMDAR, J.]