Mohd. Salim Maksood Bux v. Mehmood Khawaja And ANR

3860-13-wp=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO. 3860 OF 2013 Mohd. Salim Maksood Bux .. Petitioner v/s.

Mehmood Kawaja & Ors.

.. Respondents Mr. Indu Prakash Tripathi a/w Virendra Tripathi i/b C.K. Tripathi for the petitioner Ms. S.P. Trivedi i/b A. Bharat & Co. for the respondent CORAM : M.S. SANKLECHA, J.

DATED : 9th AUGUST, 2017 P.C.

1.

Mr. Tripathi, learned Counsel appearing for the petitioner states that by impugned order dated 28th March, 2013, the City Civil Court rejected the petitioner's application for being cross-examined on commission at his residence. Mr. Tripathi, further states that the petitioner has now expired. Therefore, he is not in a position to withdraw the petition in the absence of petitioner's instructions. 2.

In the above view, the petition is dismissed as infructuous. (M.S. SANKLECHA, J.) Uday S. Jagtap