Dawood Ali Imam Shaikh v. Kurla L.I.G. Adarsh Co-Operative Housing Society And ORS

902 ao603-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.603 OF 2014 WITH CIVIL APPLICATION NO.728 OF 2014 IN APPEAL FROM ORDER NO.603 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Bhavesh Parmar i/b Mr.Devmani Shukla and Mr.Vijayprakash Yadav for the appellant Mr.Vinod Mahadik for the BMC Mr.Dipesh Siroya for the respondent nos.1 to

CORAM

: K.K.TATED, J.

DATED : 20/01/2015 PC:

Heard the learned counsel for the parties.

Advocate for respondent no.1 filed affidavit cum undertaking dated 20.01.2015 stating that Notice of Motion No.201 of 2014 is kept for hearing on 16.02.2015. He further stated in the said affidavit cum undertaking that on the next date, he will not ask adjournment on any ground. He further stated that he does not want to file any additional affidavit or documents. Mohite 1/2

902 ao603-14.doc The undertaking given by respondent is accepted.

The learned counsel for the respondent no.1 submits that this affidavit cum undertaking is signed by respondent no.1. The same is filed on behalf of respondent nos.2 and 3. Same is accepted.

In view of the undertaking given by respondents dated 20.1.2015 the learned counsel for the appellant seeks liberty to withdraw the present Appeal from Order. Same is allowed.

Appeal from Order is dismissed as withdrawn.

In view thereof, Civil Application does not survive. The same is also dismissed as infructuous.

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