Uttamchand Keshavchand Lunavat vs M/S. Ghodke Brothers Thr. ...
2023 Latest Caselaw 517 Bom

                                                                    910 sa 146.22, IA 1053.22.doc


                      Dusane

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                   SECOND APPEAL NO.146 OF 2022
                                               WITH
                                INTERIM APPLICATION NO.1053 OF 2022


                      Uttamchand Keshavchand                  ...Appellants
                      Lunawat

                              V/s.
BHALCHANDRA
GOPAL
DUSANE                M/s Ghodke Brothers, through            ...Respondents
Digitally signed by   Proprietor Shri. Ashok Neminath
BHALCHANDRA
GOPAL DUSANE
Date: 2023.01.16
                      Ghodke
11:44:40 +0530



                      Mr. M.S. Athalye h/for       Mr.    Shastry     V.A.    for
                      Appellants/Applicants.

                                             CORAM: MADHAV J. JAMDAR, J.

DATE: 13th JANUARY, 2023

P.C.:

1. Heard Mr. Athalye, learned Counsel appearing for the

Appellants. Mr. Athalye fairly states that by the impugned order,

delay condonation application filed in the First Appeal is

dismissed. He states that the appeal was filed before the

District Judge, Pune challenging the judgment and decree dated

19th June 2018 passed by the learned Additional Small Causes

Court, Pune in Civil Suit No. 73 of 2017. The said suit was filed

910 sa 146.22, IA 1053.22.doc

under Section 26 of the Provincial Small Cause Courts Act,

1887. He, therefore seeks withdrawal of the Second Appeal with

liberty to file appropriate proceedings.

2. In view of submissions of Mr. Athalye, the Second Appeal is

allowed to be withdrawn with liberty to adopt appropriate

proceedings.

3. In view of withdrawal of the Second Appeal, nothing

survives in the Interim Application and the same is also disposed

of.

(MADHAV J. JAMDAR, J.)