Sunil Pradeep Kasar v. Rohan Bharat Surve And ORS

112 aost411-19withca.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.411 OF 2019 WITH CIVIL APPLICATION (ST) NO.413 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Ashish R. Raghuvanshi for the appellant Mr.Vishal Raman i/b M/s.R.V.J.Associate for the respondent no.1 CORAM : K. K. TATED, J DATE : APRIL 30, 2019 P.C.:

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Heard.

By this Appeal from Order, appellant original defendant is challenging the order dated 26.11.2018 passed by Bombay City Civil Court at Bombay in Notice of Motion No.3632 of 2018 in Suit No.740 of 2016 allowing their Notice of Motion for filing written statement but subject to payment of cost of Rs.10,000/-. Mohite 1/2

112 aost411-19withca.doc The learned counsel for the appellant submits that by this Appeal from Order, they are challenging the payment of cost only.

When this court declined to entertain the present Appeal from Order, the learned counsel for the appellant submits that appellant may be permitted to withdraw the present Appeal from Order with liberty to pay the cost on next date in the Trial Court. To that effect, he has given in writing. Same is taken on record and marked 'X' for identification. Hence, following order:

a.

Appeal from Order as well as Civil Application stands disposed of as withdrawn with liberty to make payment of cost on or before the next date before the Trial Court.

b.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2