FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 906 FA/2303/2010 ,With CA/15278/2010 ,In FA/2303/2010 M/S RAJ AND COMPANY AND ANR VERSUS BHAGAT RAVALMAL BALANI AND ORS ... Advocate for appellants: Mr. Chapalgaonkar S.G. Advocate for Respondent 1: Mr. Girish Rane Advocate for Respondents 2 & 3 : Mr. S.P. Shah Advocate for Respondent 4 to 8 : Mr. A.S. Bajaj ... CORAM : R.M. BORDE, J. Dated: July 05, 2011 ... 1 Respondent nos. 1 to 3 have tendered affidavit stating therein that all the orders including the order dated 8-11-2010 passed below exh. 6 in RD no. 485/2010 would be binding on them, being the representatives of respondent nos. 4 to 8, subject to their rights to challenge and agitate the same in accordance with law. 2 Learned counsel for appellants, on instructions, makes a statement that his client would tender an application on the given date for impleadment of respondent nos. 1 to 3 herein as party to the execution application FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ and it would be obligatory for the executing court to allow the application and permit impleadment of the concerned respondents as party to the execution application. 3 Learned counsel for appellants, further, on instructions, seeks leave to withdraw the appeal. Leave granted. Appeal is permitted to be withdrawn. It is specifically made clear that all the contentions raised by the parties in the instant appeal, which are permissible to be raised in accordance with law, are specifically kept open and the executing court is expected to consider such objections and pass appropriate orders. Appeal is disposed of as withdrawn. Appellants are permitted refund of court fees, in accordance with rules. Pending civil application, if any, does not survive and stands disposed of. ( R.M. BORDE, J. ) dyb