1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.583 OF 2007 WITH CIVIL APPLICATION NO.1064 OF 2007 Dhanaji Namdeo Ranmode : Appellant versus Dnyandeo Laxman Ranmode and ors. : Respondents. Shri. T.N.Sonawane for the Appellant. CORAM : R.M.SAVANT, J. DATED : August 12, 2008 P.C. 1. The Appellant herein is the original Defendant No.1 in Regular Civil Suit No.41 of 1994 filed by the Respondents herein for partition, possession and permanent injunction in respect of the suit properties mentioned in Para No.1 of the Plaint of the said suit. The said suit properties are Gat Nos.156, 159 and 161 situated at village Ranmodwadi, Tal.Indapur, Dist.Pune. The said suit came to be decreed and the decree in the following terms came to be passed :- 2 “In respect of suit property bearing Gat No.161, Plaintiff No.1 and 2 both jointly entitled to get 2 Anna 8 pai share of their own and 2 Anna 8 pai share of Bala Bhiva Ranmode, plaintiff No.3 is entitled to get 11 pai share of deceased Vithoba Santu Ranmode, Plaintiff No.4 is entitled to get 2 Anna 8 pai share of deceased Sahebrao Sitaram Ranmode, and Plaintiff No.5 is entitled to get 2 Anna 8 pai share of deceased Sadashiv Kesu Ranmode and Plaintiff No.6 is entitled to get 2 Anna 8 pai share of deceased Shivram Shankar Ranmode. “In respect of suit property bearing Gat No.156, Plaintiff No.1 and 2 both jointly entitled to get 2 Anna 8 pai share, plaintiff No.3 is entitled to get 11 pai share of deceased Vithoba Santu Ranmode, Plaintiff No.4 is entitled to get 2 Anna 8 pai share of deceased Sahebrao Sitaram Ranmode, Plaintiff No.5 is entitled to get 2 Anna 8 pai share of deceased Sadashiv Kesu Ranmode and Plaintiff No.6 is entitled to get 2 Anna 8 pai share of deceased Shivram Shankar Ranmode.” 2. Aggrieved by the said decree, the Appellant herein carried the matter in appeal by filing Regular Civil Appeal No.89 of 2002. The 3 Lower Appellate Court, by its judgment and order dated 26.2.2002 confirmed the decree passed by the trial Court. There is, therefore, concurrent finding of both the Courts below as regards entitlement of the plaintiff for partition and possession in respect of the lands bearing Gat Nos.156 and 161. 3. The learned counsel for the Appellant Shri T.N.Sonawane tenders two sale deeds dated 4.7.2008 and 8.7.2008. By the first sale deed dated 4.7.2008, Plaintiff No.6 and Plaintiff No.2 have sold their share in Gat Nos.156 and 161 to the Appellant herein. By the second sale deed dated 8.7.2008, Plaintiff No.5 has sold his share in Gat Nos.156 and 161 to the Appellant herein. It is, therefore, submitted on behalf of the Appellant that in view of the said sale deeds executed by the Plaintiff Nos.2, 5 and 6 in respect of their respective shares in Gat Nos.156 and 161, the challenge in the above Second Appeal as regards their shares really does not survive. 4. The learned counsel for the Appellant Shri.T.N.Sonawane states on instructions that in view of the said sale deeds dated 4 4.7.2008 and 8.7.2008 mentioned in Para 3 above the Appellant does not desire to proceed with the Appeal, even against the other Plaintiffs, and seeks liberty to withdraw the same. The Second Appeal is therefore dismissed as withdrawn. 5. The said two sale deeds dated 4.7.2008 and 8.7.2008 are taken on record and marked as “X” and “Y” for identification respectively. 6. In view of the withdrawal of the above Second Appeal, the Civil Application No.1064 of 2007 does not survive and the same is disposed of as such. [R.M.SAVANT, J]