Ananda Shankar Patil(Deceased) vs Pandurang Ramu Patil
2023 Latest Caselaw 13252 Bom

Bombay High Court

Ananda Shankar Patil(Deceased) vs Pandurang Ramu Patil on 21 December, 2023

Author: Amit Borkar

Bench: Amit Borkar

2023:BHC-AS:39005
                                                           39-40-sast92909-2020&92911-2023.doc


                    VRJ
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                   SECOND APPEAL (ST.) NO.92909 OF 2020

                    Ananda Shankar Patil
                    Since Deceased Through Legal Heirs
                    Sachin Ananda Patil                       ... Appellants
                               V/s.
                    Pandurang Ramu Patil & Ors.               ... Respondents

                                                 WITH
                                  INTERIM APPLICATION NO.17749 OF 2023
                                                   IN
                                   SECOND APPEAL (ST.) NO.92909 OF 2020

                    Ananda Shankar Patil
                    Since Deceased Through Legal Heirs
                    Sachin Ananda Patil                       ... Applicants
                               V/s.
                    Pandurang Ramu Patil & Ors.               ... Respondents


                                                 WITH
                                   SECOND APPEAL (ST.) NO.92911 OF 2020

                    Ananda Shankar Patil
                    Since Deceased Through Legal Heirs
                    Sachin Ananda Patil & Ors.                ... Appellants
                              V/s.
                    Pandurang Ramu Patil & Ors.               ... Respondents

                                                 WITH
                                  INTERIM APPLICATION NO.17813 OF 2023
                                                   IN
                                   SECOND APPEAL (ST.) NO.92911 OF 2020

                    Ananda Shankar Patil
                    Since Deceased Through Legal Heirs
                    Sachin Ananda Patil & Ors.                ... Applicants
                              V/s.



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                                            39-40-sast92909-2020&92911-2023.doc


 Pandurang Ramu Patil & Ors.                   ... Respondents



 Mr. Umesh H. Pawar for the appellants/applicants
 Mr. Nikhil Pawar for respondent Nos.1 to 5.



                               CORAM    : AMIT BORKAR, J.

                               DATED    : DECEMBER 21, 2023
 P.C.:

1. The impugned judgment and decree in the second appeals is an order of remand under Order 41 Rule 23 of the Civil Procedure Code, 1908 against the appellants. The appellants have remedy of Appeal From Order under Order 43 Rule 1(u) of the Civil Procedure Code, 1908. Learned advocate for the appellants, therefore, seeks permission to withdraw the second appeals with liberty to file Appeal From Order.

2. The second appeals are disposed of as withdrawn with liberty as prayed for. No costs.

3. However, it is made clear that the time spent in prosecuting the second appeals shall be considered sympathetically by the Court while considering application for delay in filing Appeal From Order.

4. In view of disposal of second appeals, all interlocutory applications stand disposed of as infructuous.

(AMIT BORKAR, J.)