Kusum Pandurang Wabale(Since ... vs Bhaskar Maruti Dhore (Since ...
2023 Latest Caselaw 248 Bom

                                                                     903-SA-9-2023.doc
 Sonali


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       Digitally
       signed by
       SONALI
                                       CIVIL APPELLATE JURISDICTION
SONALI MILIND
MILIND PATIL
PATIL Date:
       2023.01.09                       SECOND APPEAL NO.9 OF 2023
                                                  WITH
       10:26:23
       +0530

                                    INTERIM APPLICATION NO.162 OF 2023

                    Kusum Pandurang Wabale
                    since deceased through legal heirs
                    Sou. Manisha Sunil Dhane & Ors.             ...Appellants
                        Versus
                    Bhaskar Maruti Dhore
                    since deceased through legal heirs
                    Hemlata Bhaskar Dhore & Ors.                ...Respondents


                    Mr. Pavan Patil, for the Appellants.

                    Mr. Sugandh Deshmukh a/w. Mr. Vaibhav Thorve, for Respondent
                    No.3(b).



                                            CORAM : MADHAV J. JAMDAR, J.

DATED : 7th JANUARY 2023

P.C. :

1. Learned counsel appearing for the Appellants at the

outset states that by the impugned Judgment and Decree of the

learned First Appellate Court, Judgment and Decree passed in

Regular Civil Suit No.154 of 2007 was set aside and matter was

remanded to learned Joint Civil Judge, Junior Division,

Vadgaon, Maval, Pune.

903-SA-9-2023.doc Sonali

2. In view of above, learned counsel appearing for the

Appellants seeks leave to withdraw the Second Appeal with

liberty to file the appropriate proceedings.

3. Accordingly, the Second Appeal is disposed of as

withdrawn with liberty to file appropriate proceedings.

4. It is clarified that this Court has not considered the merits

of the case and all contentions on merits are expressly kept

open.

5. The Second Appeal is disposed of in above terms with no

order as to costs.

6. In view of the disposal of the Second Appeal, nothing

survives in the Interim Application and the same is disposed of

as such.

[MADHAV J. JAMDAR, J.]