Mr Avinath Alan D'Souza v. The Municipal Corporation Of Greater Mumbai And ANR

5 caf 1587-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1587 OF 2014 IN FIRST APPEAL NO. 2504 OF 2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Jahangir Altaf Khan for applicant.

Mr. P. J. Thorat for the respondent/ org. Appellant. Mrs. M.R. Bhoir for the respondent/BMC.

CORAM : K. K. TATED, J.

DATED : 05/02/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is for return of original documents filed by the applicants/plaintiffs during the trial of L.C. Suit no. 2037 of 2007 in Bombay City Civil Court, at Dindoshi.

The learned counsel for the applicant submits that the present First Appeal was dismissed for non compliance of conditional order passed by this court on 21.12.2011 i.e. filing of private paper book. Thereafter, the Applicant has sold all four flats i.e. flat nos. 1, 2, 3 and 4 by different Sale Deeds Sneha Chavan 1/2

5 caf 1587-14=.doc dated 18.10.2013. Hence, he requires all these documents for handing over to the purchaser of the said flats.

The learned counsel for the applicant submits applicant will take out appropriate application for joining purchasers in the First Appeal and thereafter, he will make application for withdrawal of the original documents. Hence, he seeks permission to withdraw the present Civil Application with liberty to file afresh for same cause of action. Same is allowed.

Civil Application is dismissed as withdrawn with liberty as prayed.

(K.K.TATED, J.) Sneha Chavan 2/2