Mr. Suresh Janimal Bhatia And ORS. v. Mr. Subhash Lodha And ORS.

50 wp4771-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4771 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.P.S.Dani, Sr.Counsel i/b Mr.N.V.Khaladkar for the petitioner Mr.Saket Mane a/w Mr.Chinmayee Pendse i/b M/s.Vidhi Partners for respondent no.1 CORAM : K. K. TATED, J.

DATE : JUNE 7, 2016 P.C.:

Heard the learned Senior Counsel for the petitioner and the learned counsel for the respondent no.1.

By this petition, under Article 227 of the Constitution of India, petitioner original defendant nos.5 to 8 challenges the order dated 10.2.2016 passed by 2nd Additional Judge, S.C.Court & Joint Civil Judge, Senior Division, Pune below Exhibit-57 in Special Darkhast No.114 of 2013.

After arguing for some time, the learned Mohite 1/2

50 wp4771-16 Senior Counsel for the petitioner seeks liberty to withdraw the present petition as well as application filed by them below Exhibit-57 before the Trial Court. To that effect advocate on record has given in writing on Farad. Same is accepted. Writ Petition stands dismissed as withdrawn. Application filed by petitioner original defendant nos.5 to 8 below Exhibit-57 in Special Darkhast No.114 of 2013 stands dismissed as withdrawn.

In view of withdrawal of application below Exhibit-57, impugned order does not survive.

Trial Court to decide main application under section 47 read with Order XXI Rule 23 of the Code of Civil Procedure, 1908 on its own merits.

JUDGE Mohite 2/2