1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.225 OF 1996 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM: P.R.BORKAR, J. Date : April 15, 2010 1. Heard Shri S.V. Mundhe, learned Advocate for the appellant and Shri Mohammad Mustafa Ahmed Momin learned Advocate for Respondent Nos. 1 to 9. 2. Learned Advocate for the appellant has brought certain events on record. The appellant-original plaintiff filed Special Civil Suit No.140 of 1994 in the Court of Civil Judge, Senior Division, Nanded which came to be dismissed on 31.1.1996 by learned III Joint Civil Judge, Senior Division. Advocate Shri Mundhe for the 2 appellant submitted, relying on certain documents produced in C.A. No.12548 of 2009 that on of the defendants, namely, Jaber s/o Shaikh Chand Pasha has sold suit property by registered sale deed dated 26.5.2003 to one Samina Rishad w/o Mahammad Abdul Halib. Appellant-plaintiff had signed the same as consentor. It is argued that in view of the said consent, the appellant does not want to proceed with the appeal and the same be permitted to be withdrawn. 3. Advocate Shri Mohammad Mustafa Ahmed Momin learned Advocate for Respondent Nos. 1 to 9 has argued that the plaintiff has enjoyed the property for so many years and now he is withdrawing even the appeal and that R.C.S. No.346 of 1996 filed by the Respondents for possession as they were illegally dispossessed is pending. 3 4. When the appellant wants to withdraw the appeal unconditionally, Respondents cannot insist for refusing withdrawal of appeal. Whatever reliefs Respondents, especially minor children want to claim, those can be sought in R.C.S. No.346 of 1996 filed by them. 4. Learned Counsel for Respondents referred to certain cases i.e. (1999) 1 SCC 298, AIR 1952 SC 358 and AIR 1955 Patna 475 regarding sale deed being not binding on minors. In this appeal we are not concerned with the sale-deed dated 26.5.2003 or its validity. The clients of Advocate Shri Momin are at liberty to agitate that point in appropriate proceedings. The citations filed by Advocate Shri Momin are taken on record as part of his arguments. 4 5. In the result, appeal is allowed to be withdrawn unconditionally and disposed of as such. pnd/fa225.96 (P.R.BORKAR, J.)