Mr. Ronnie Lawrence Fernandes v. Smt. Hoshbanoo Aspi Irani And ANR.

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5315 OF 2016 Ronnie Lawrence Fernandes ...

Petitioner Vs.

Hoshbanoo Aspi Irani and another ...

Respondents Mr. G. S. Godbole, Senior Advocate a/w. Mr. Akshay Petkar i/b. Shivani Samel for Petitioner.

Mr. Sandesh D. Patil a/w. Ms Anusha P. Amin i/b. Chintan Y. Shah for Respondents.

CORAM : R. G. KETKAR, J.

DATE :

AUGUST 25, 2016 P.C. :

Heard Mr. Godbole, learned Senior Counsel for the petitioner and Mr. Patil, learned Counsel for respondents at length. 2.

By this Petition under Article 227 of the Constitution of India, petitioner has challenged the judgment and order dated 20.11.2014 below exhibit-16 passed by the learned District Judge-8 as also the judgment and order dated 28.12.2015 below exhibit-18 passed by the learned District Judge-4 in Civil Appeal No.115 of 2011. 3.

Mr. Godbole states that petitioner is present in the Court. He has tendered affidavit dated 25.08.2016 made by the petitioner, which is taken on record and marked 'X' for identification. In paragraph 2, it is stated that petitioner is advised to file substantive appeal against the judgment and decree dated 30.04.2011 passed in Regular Civil Suit No.107 of 2005 along with the application for condonation of delay. In view thereof, petitioner wants to withdraw the Petition. 1/2

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In view thereof, on the motion made by Mr. Godbole, Petition is allowed to be withdrawn with liberty as prayed for and is disposed of as such.

(R. G. KETKAR, J.) Minal Parab 2/2