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2025 DAILYLAW 10994 (BOM)

MAHADEV S/O GANPAT NETKE AND ANOTHER v. POPAT S/O NANA NETKE AND OTHERS

CRA/65/2025 · 2025-03-19

Shri S G Chapalgaonkar

body2025

Judgment text

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1 5cra65.25 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 5 CRA NO. 65 OF 2025 MAHADEV S/O GANPAT NETKE AND ANOTHER VERSUS POPAT S/O NANA NETKE AND OTHERS ... Advocate for the Applicants : Mr. Bide Dnyaneshwar A. ... CORAM : S. G. CHAPALGAONKAR, J. Dated : 19.03.2025 PER COURT :- 1. Mr. Dyneshwar Bide, Learned Advocate appearing for applicants after going through law laid down by Supreme Court of India in case of Sayyed Ali Vs. Prakash G. Goyal and Others (2021) 7 SCC 456, submits that present Civil Revision Application may not be maintainable and applicant has to exhaust remedy of filing appeal in terms of Section 96 of the Code of Civil Procedure. He therefore, urges for permission to withdraw Civil Revision Application with liberty to file appeal. 2. In view of submissions advanced, Civil Revision Application stands disposed off as withdrawn with liberty to file proceeding before appropriate forum, as is permissible under law. 3. Time spent in pursuing Civil Revision Application would be considered in case of filing of appeal. ( S. G. CHAPALGAONKAR ) JUDGE mahajansb/