Cosmo Welfare Co-Operative Housing Society Thr.Mr. Md. Javed.A.J. Shaikh And Mrs. Shabana I. Shaikh v. Shamim Shaikh And ANR.

10-AOST4054-18.DOC SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 4054 OF 2018 WITH CIVIL APPLICATION (ST) NO. 4055 OF 2018 IN APPEAL FROM ORDER (ST) NO. 4054 OF 2018 Cosmo Welfare Co-operative Hsg Society Through Md. Javed A.J. Shaikh & Ors ...Appellants

Versus

Shamim Shaikh & Anr ..Respondents Mr. Pankaj Dwivedi, for the Appellants.

Mrs. Madhuri More, for Respondent no.2/MCGM.

Mr. A. R. Patil, for Respondent/State.

CORAM: Smt. Anuja Prabhudessai, J DATE : 16th April, 2018.

PC:- 1.

On instructions the learned Counsel for the Appellants seeks leave to withdraw the Appeal with liberty to file an application before the learned Judge for modification of the order. Leave with liberty is granted.

2.

Appeal is dismissed as withdrawn.

1/2

10-AOST4054-18.DOC 3.

It is made clear that the Court has not gone in the merits of the matter. The learned Judge shall decide the application, if filed, on its own merit and in accordance with law.

4.

In view of withdrawal of the Appeal, the Civil Application does not survive and is disposed of accordingly. [Smt. Anuja Prabhudessai, J.] 2/2