Neeta Builders, Through Partners v. Chandrika Dinesh Shetty And ANR

1/2 P-2.wp.7218-14.doc [Neeta v. Chandika]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7218 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. N.S. Moily, Advocate for Petitioner.

CORAM : R. G. KETKAR, J.

DATE : 19/12/2016 P.C.:

1.

Not on board. At the request of Ms.Moily taken up in the production board.

2.

Heard Ms.N.S. Moily, learned counsel for the petitioner. She seeks permission to withdraw this Petition on the ground that the controversy between the parties is settled out of Court. She states that Chandrika D. Shetty has prepared affidavit dated 7.12.2016 seeking permission to withdraw the suit unconditionally. She states that said affidavit will be tendered in the City Civil Court. As this Court has stayed the further proceedings before the trial Court, the trial Court is not permitting the respondent to

2/2 P-2.wp.7218-14.doc [Neeta v. Chandika] withdraw the suit. The statements made by Ms.Moily are recorded.

3.

On the motion made by Ms. Moily, Petition is allowed to be withdrawn and is disposed of as withdrawn. The petitioner is at liberty to file affidavit of Chandrika D. Shetty in the trial Court for passing appropriate order. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)