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Bombay High CourtAO/29/2015allowed to be withdrawn

Zakir Khan Sarvar Khan Pathan v. Mumbai Metropolitan Region Development Authority

2015-02-09Hon'Ble Shri Justice K.K. Tated2 pages

29.15-ao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

APPEAL FROM ORDER NO.29 OF 2015 WITH CIVIL APPLICATION NO.39 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. K. P. Ravi for the Appellant Mr. Kuldeep S. Patil for Respondent No.1.

CORAM : K. K. TATED, J.

DATE : FEBRUARY 9, 2015 P.C.:

1.

Heard. This appeal is preferred by the original Plaintiff challenging the refusal of adinterim relief on 19/12/2014 in Notice of Motion No.4724/2014.

2.

The grievance of the Appellant is that the Respondent, till today, has not filed Affidavit-inReply in the Notice of Motion. 3.

The learned counsel for the Respondent submits that they will file affidavit-in-reply as early as possible but in any case within two weeks from today with copy to other side.

4.

In view of these facts, Trial Court is directed Basavraj G Patil 1/2

29.15-ao to decide the Notice of Motion No.4724/2014 as early as possible but in any case within 8 weeks from today.

5.

In view of the above mentioned directions, the learned counsel for the Appellant seeks liberty to withdraw the Appeal from Order. Same is granted. Appeal from Order stands dismissed as withdrawn.

6.

In view thereof, the Civil Application does not survive. Same stands dismissed.

JUDGE Basavraj G Patil 2/2