ao150.09.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR APPEAL AGAINST ORDER NO. 150/2009 Adinath Abaji Jain ..versus.. Jugraj Sumatisa Khadakpurkar and ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. N.R.Saboo, Advocate for appellant. Mr. Saoji, Advocate, h/f Shri Anand Parchure, Advocate, for respondent Nos. 1 to 4. Coram: R. K. Deshpande, J. Date : 29 th March, 2010 This appeal is preferred by the original plaintiff challenging the judgment and order dated 08.10.2008 passed by the learned District Judge-2, Buldhana, allowing the Regular Civil Appeal No. 43/95 and Regular Civil Appeal No. 106/97 filed by the defendants. The appellant Court has quashed and set aside the judgment and decree dated 11.1.1995 passed by the learned Civil Judge, Junior Division, Deulgaon Raja in Regular Civil Suit No. 374/1993 and the matter was remanded back for retrial as per the provisions of order 41 Rule 23A of Civil Procedure Code. The trial Court was directed to decide the matter within a period of six months. After hearing the matter for some time, the learned ao150.09.odt 2 counsel for the appellants/plaintiffs has filed the pursis dated 29.3.2010 seeking permission to withdraw the present appeal against order to pursue the matter before the trial Court on the aspect of leading secondary evidence to prove Exh.119. Shri Saoji, learned counsel appearing for respondents has no objection. The said pursis is taken on record and marked as “X” for identification. In view of the aforesaid pursis, the instant appeal is permitted to be withdrawn with liberty to the appellant to lead secondary evidence to prove Exh. 119 as observed by the appellate Court in Para 19 of its judgment. No order as to costs. In view of the withdrawal of the appeal, time granted by the appellate Court to decide the suit shall stand extended for further period of six months from the date of receipt of this order. J UDGE Rvjalit