Mr. Manoj Rajju Yadav @ Gawali v. Ramsurat R. Singh (Deleted) Thru Lr And ORS

905.wp.129-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 129 OF 2019 Mr. Manoj Rajju Yadav @ Gawali

...Petitioner

Versus

Ramsurat R. Singh (deleted) 1(a) Jang Bahadur Ramsurat Singh and others.

..Respondents ....

Mr.Akbar Ali N. Nasikwalla, Advocate for the Petitioner. ....

CORAM : R. G. KETKAR, J.

DATE : 08th JANUARY, 2019 P.C.

1.

Heard Mr.Akbar Ali N. Nasikwalla, learned counsel for the petitioner.

2.

This Petition takes exception to the judgment and order dated 28.11.2018 passed by the Appellate Bench of the Small Causes Court at Mumbai in Revision Application No.318/2018. By that order, the Appellate Court rejected the Revision Application preferred by the petitioner challenging the order dated 21.4.2018 passed by the learned Judge, Court Room No.10 of the Court of Small Causes at Bombay below Exhibit-25 in Execution Application No.198/2016 arising from R.A.E & R Suit No.3250/1989. Application Exhibit-25 was taken out on 1 / 2

905.wp.129-19.doc behalf of one Manoj Rajju Yadav @ Gawali inter alia praying for issuing notice to the applicant and directing the plaintiff to get survey of C.T.S. No.135(1) from City Survey Office, Mulund for correct execution and further not to execute upon Survey No.46, Hissa No.18(Part), C.T.S. No.132, 132/62 to 74, Parsiwadi, Ghatkopar (West), Bombay - 400 086 belonging to the appliacant (Manoj Rajju Yadav & Gawli). 3.

The matter was heard yesterday i.e. 7th January, 2019 and kept today for passing orders. Upon taking instructions from the petitioner, Mr. Nasikwalla seeks permission to withdraw this Petition. 4.

In view thereof, on the motion made by Mr. Nasikwalla, the Petition is allowed to be withdrawn and is dismissed as withdrawn. Order accordingly.

(R. G. KETKAR, J.) Deshmane (PS) 2 / 2