Civil Application No. 8938 of 2004 · Bombay High Court
Judgment
appellant. Mr. N.S. Patil, learned Counsel holding for Shri S.M. GOdsay, learned Counsel for the respondents No.1, 3 to 7 has brought to the notice of this Court that the Special Civil Suit No.88 of 2002 (Sudhir Raghunathrao Joshi v/s Shafiq Ahmed s/o Hasankhan and others), which was pending before the C.J.S.D., Aurangabad, has been withdrawn by the plaintiff - present appellant. The Counsel for respondents No.1, 3 to 7 has placed on record copy of the application, which was preferred by the appellant / plaintiff before the Court below for withdrawal of the suit. The said document is taken on record and marked "X" for identification purposes. There is also report received from the C.J.S.D., Aurangabad that the suit has been disposed of on 13th February, 2006 as withdrawn by the plaintiff. Since this Appeal From Order arises out of the said suit which itself has been withdrawn by the plaintiff - appellant herein, nothing survives in the Appeal From Order to be adjudicated. 2 In the light of above, the appeal from order as also the civil applications therein deserve to be disposed of as infructuous. It appears that the appellant herein, who is original plaintiff has deposited Rs. 55,00,000/- in the trial Court. It will be open for the appellant – plaintiff to take necessary steps about the said amount. However, keeping this appeal from order pending will be of no use. Hence, Appeal from order as also civil applications stand disposed of as withdrawn. Interim relief, if any, stands vacated.
15.10.2010. PLK/*
(S.S. SHINDE, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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