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1994 DAILYLAW 744 (BOM)

ASHOK @ MALLIKARJUN NAGNATHAPPA KASTURE and ANOTHER. v. PUSHPA ASHOK @ MALLIKARJUN KASTUARE.

SA/46/1994 · 2026-08-18

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Judgment text

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1 904 SA.46.1994.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 904 SECOND APPEAL NO. 46 OF 1994 ASHOK @ MALLIKARJUN NAGNATHAPPA KASTURE AND ANOTHER VERSUS PUSHPA W/O ASHOK @ MALLIKARJUN KASTURE ... Advocate for Appellant : Mr. V. M. Warad. Advocate for Respondent : Ms. Meghna Gaur, h/f Ms. S. S. Choudhary. ... CORAM : SANJAY A. DESHMUKH, J. DATE : 18th August, 2026. P.C.: 1 The learned counsel for the appellants pointed out the compromise took place between the appellants and the respondent in the Trial Court in another suit bearing No.124 of 2015. The compromise took place on 30th September, 2016. He pointed out clause (5) of the said compromise, wherein there is a reference to this appeal, and that whatever orders were passed in respect of the said appeal by the Trial Court and the First Appellate Court shall be deemed to have been cancelled and set aside. He, therefore, seeks leave to withdraw the second appeal. 2 The counsel for the respondent has no objection. 3 On perusal of a copy of compromise and the submissions of the learned counsel for the appellant, it would be proper to grant leave to 2026:BHC-AUG:37396 2 904 SA.46.1994.odt the appellant to withdraw the appeal. 4 Leave granted. The second appeal stands disposed of as withdrawn. 5 Pending civil applications, if any, also stand disposed of. [ SANJAY A. DESHMUKH, J. ] nga