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Judgment
In this cross objection, the learned counsel has filed a memo seeking permission to withdraw the cross objection, wherein it is stated that the cross objector has filed an appeal in RSA.No.1820/2017 and hence, he may be permitted to prosecute the said appeal.
While addressing on the memo the learned counsel for cross objector would submit that this cross objection was filed in RSA.No.1088/2008. However, when this matter was taken up for arguments, the respondents in cross objection, who are appellants in RSA.No.1088/2008 took up a contention that the cross objection is not maintainable and the same is required to be dismissed. The learned counsel for the cross objector would submit that in the light of said observation before the court, the appeal in RSA.No.1820/2017 is filed and along with that an application is also filed to consider the time utilized in pursuing this cross objection as the period spent in earlier proceeding, which should be condoned under Section 14 of the Limitation Act.
Accordingly, the memo is taken on record and the cross objection is dismissed as withdrawn reserving liberty to the cross objector regarding limitation to be urged in the appeal in RSA.No.1820/2017.