Shri Nenjunda Sanne Gowda v. Mumbai Metropolitan Regional Development Authority

557.15-ao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

APPEAL FROM ORDER NO.557 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. B. S. Shukla for the Appellant Mr. Kuldeep Patil for the Respondent.

CORAM : K. K. TATED, J.

DATE : APRIL 24, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Appellant, the matter is taken on board for urgent orders.

2.

By this appeal, the Plaintiff challenges the order dated 19/03/2015 passed by the Bombay City Civil Court, Mumbai in Notice of Motion No.1548/2015 in S.C.Suit No.767/2015 declining to grant ad-interim relief.

3.

The learned counsel for the Appellant submits that till today, the Respondent Defendant has not filed affidavit-in-reply. He submits that the Appellant may be permitted to withdraw the Appeal from Order with directions to the Respondent Defendant to file their Affidavit-inReply with copy to other side. Basavraj G Patil 1/2

557.15-ao 4.

Considering the submissions made by the learned counsel for the Appellant following order is passed:

a.

The Appellant is permitted to withdraw the Appeal from Order as well as Civil Application. Same stand dismissed as withdrawn.

b.

Respondent Defendant is directed to file Affidavit-in-Reply in Notice of Motion No.1548/2015 in S.C.Suit No.767/2015 in Trial Court within 6 weeks from today with copy to other side.

c.

Hearing of the Notice of Motion is expedited.

JUDGE Basavraj G Patil 2/2