1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL No. 425 OF 2002. Madhavrao Nayansukh Tenguriya and others. -VERSUS- Prakash Sharadrao Puranik _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI AND P.D. KODE, JJ. DATED : DECEMBER 12, 2011. The matter was expedited by the Hon'ble Apex Court in 2006. However, developments thereafter, efforts made by the parties are on record and we have shortly referred to the same in our order dated 06.09.2011. Thereafter, again efforts have been made as matter pertains to custody of son of present respondent. The son now aged about 12 years is staying with his maternal grand-mother. 2 On last occasion, after this Court passed orders and efforts were made, the respondent father has filed an affidavit on 15.11.2011 vide stamp No. 11073/2011 pointing out the outcome. After hearing the respective Counsel in the light of averments therein, both the learned Counsel appearing for respective parties then had stated that they would make last effort. Shri Anand Parchure, learned Counsel appearing on behalf of the respondent who is present in the Court today, states that the efforts may affect the psychology and prospects of the son and hence, the respondent has decided to give up all his rights and entitlement in pursuance of the judgment dated 31.05.2002 in Petition No.D.29/1998 decided by the learned Judge, Family Court, Nagpur. He contends that the respondent has taken this decision to safeguard the future of his son with heavy heart. 3 Shri S.L. Kotwal, learned Counsel for appellants states that what ever developments are there, have come on record and it is apparent that insistence for custody or even for visitation rights by present respondent is, having adverse effect on the mind of the child. In this situation, Shri Parchure, learned Counsel upon instructions states that as respondent has given up his entitlement flowing from the impugned judgment and decree, the appeal may be disposed of as infructuous. Shri Kotwal, learned Counsel has no objection provided the statement of respondent is accordingly recorded. Respondent present in person before the Court states that he is giving up all his rights and entitlement flowing from the impugned judgment. We have accordingly recorded it. In view of this statement, Shri Kotwal, learned Counsel states that he is not pressing the 4 appeal. The appeal is accordingly disposed of as not pressed. Rule discharged. However, in the circumstances of the present case, there shall be no order as to costs. JUDGE JUDGE Rgd