50 fa 950-2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 950 OF 2025 Rustambuwa Bhivrajbuwa (dead) Thr. Lrs. Subhash Rustambuwa Jinturkar And Others VERSUS The State Of Maharashtra Through Its Collector, Yavatmal And Another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri R.J. Shinde, Advocate for appellant Ms M.A. Barabde, AGP for respondent/State Shri M.A. Kadu, Advocate for respondent No.3 CORAM : PRAVIN S. PATIL, J. DATE : 30.09.2026 1. Learned Counsel appearing for the respondent No.3, has pointed out to this Court that in the present matter, there was an earlier appeal filed bearing First Appeal No.72 of 1998, and same was dismissed for non- filing of the private paper book. However, this fact was not brought to the notice of this Court, and therefore, the appellant cannot be allowed to withdraw simply on his statement. 2. It is also submitted that the appellant in his appeal memo has stated that there was no appeal filed by any of the appellant before filing this present appeal. 50 fa 950-2025.odt 2 3. The learned Counsel for the appellant, however, submitted that the earlier appeal was filed by the father of the present appellants. The present appellants are his legal heirs and were not aware about the filing of the First Appeal No.72 of 1998. Hence, according to him, inadvertently this appeal came to be filed by them in the present matter. 4. In the circumstances, the appellants have filed the present appeal inadvertently, as they were not knowing the earlier proceeding filed by their father, the appellants are permitted to withdraw the present appeal. 5. The appeal stands disposed of as withdrawn accordingly. (PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 30/09/2026 18:14:30