Jaihari Co-Op. Hsg. Society v. Halkara Builders Pvt. Ltd, And ANR.

207.12-ao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

APPEAL FROM ORDER NO.207 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Jitendra Shukla i/b. Madhuri Raibagkar for the Appellant.

Mr. Chirag Mody with J. Fernandes i/b. Pandya & Poonamwala for Respondent No.1.

Mr. Vinod Mahadik for the BMC CORAM : K. K. TATED, J.

DATE : JANUARY 9, 2015 P.C.:

1.

Heard. After arguing some time, both the counsel state that it is not necessary to give any reasons while disposing of the present matter. 2.

The learned counsel for Respondent No.1 - Halkara Builders Pvt. Ltd. makes a statement that if any construction made by them is found on the land of Appellant original Plaintiffs, it shall be removed by them at their own costs immediately. Statement is accepted.

3.

In view of this statement, the learned counsel for the Appellant seeks permission to withdraw the present Appeal from Order.

Hence, Basavraj G Patil 1/2

207.12-ao the Appeal from Order stands dismissed as withdrawn.

4.

Statement made by the learned counsel for the Respondent No.1 that "that if any construction made by them is found on the land of Appellant original Plaintiffs, it shall be removed by them at their own costs immediately" to continue till hearing and final disposal of the suit No.1335/2011.

5.

All contentions of the parties are kept open. JUDGE Basavraj G Patil 2/2