1. After the matter was argued for some time, Shri Tejas Satta, learned advocate appearing on behalf of the appellant seeks permission to withdraw the present First Appeal as the appellant proposes to submit an appropriate application before the concerned Judge, who passed the impugned order, as it is the case on behalf of the appellant that the signature on the application, Exh. 14 was obtained by force. Without expressing anything on merits with respect to the same, the appellant is permitted to withdraw the present First Appeal unconditionally. However, it is observed that as and when any application is submitted the same be considered in accordance with law and on its own merits for which this Court has not expressed anything on merits. It is also observed that reserving the liberty may not construe that in the meantime the impugned order is not to be operated and/or acted upon.
2. With this, the present First Appeal is dismissed as withdrawn.
CIVIL APPLICATION No. 6278/2012 In view of dismissal of the First Appeal, no order in the Civil Application.
Direct service is permitted.
(M.R.
SHAH, J.) siji Top