M/S. Lokhandwala Builders v. 'C' Block Co-Op. Housing Society (Prop.) And ORS

pr22 aost9192-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST). NO.9192 OF 2015 WITH CIVIL APPLICATION (ST). NO.9194 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Amarendra Mishra for the appellant Mr.G.S.Godbole i/b M/s.S.Shamim and Co. for the respondent no.2 Mrs.M.R.Bhoir for the BMC

CORAM

: K.K.TATED, J.

DATED : 23/04/2015 PC:

Not on board. At the request of Advocate for the appellant, matter is taken on board for urgent orders.

By this Appeal from Order the appellant plaintiff challenges the order dated 9.3.2015 passed by Trial Court declining to grant ad-interim relief in draft Notice of Motion in L.C.Suit No.560 of 2015.

The learned counsel for the appellant submits that the plaintiff may be permitted to move before the Trial Court for ad-interim relief after serving all the defendants.

Mohite 1/2

pr22 aost9192-15.doc Considering the submissions made by the learned counsel for appellant, in the interest of Justice, following order is passed:

a Appellant plaintiff is permitted to withdraw the present Appeal from Order as well as Civil Application with liberty to move before the Trial Court for ad-interim relief after service on respondent defendants.

b The learned counsel for the respondent no.2 waives service in Notice of Motion No.740 of 2015 in L.C.Suit No.560 of 2015.

c Appeal from Order is disposed of accordingly. d In view thereof, Civil Application does not survive. The same is also dismissed as infructuous. (K.K.TATED, J.) Mohite 2/2