Shehnaz Sani And ANR v. Bobby Suresh Shah And ANR

ssm 1 28-ao1045.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1045 OF 2019 Shehnaz Sani & Anr.

.....Appellants/ Applicants.

Vs.

Bobby Suresh Shah & Anr.

.....Respondents.

Mr. Durgesh Kulkarni i/by Hitesh Shah for the Appellants/Applicants. Mr. Bobby Suresh Shah, Respondent No.1 in-person. CORAM : A. S. GADKARI, J.

DATE : 29th SEPTEMBER, 2021.

P.C.:- After hearing the learned counsel for the Appellants/Applicants at length, when this Court was not inclined to interfere with the impugned Order dated 15th January, 2019 passed in Notice of Motion No.1865 of 2017 in Summary Suit No.5407 of 2006, the learned counsel on instructions, seeks leave to withdraw the present Appeal unconditionally. Leave granted.

Appeal is dismissed, as withdrawn.

The record indicates that, the Suit filed by the Respondent No.1 (Original Plaintiff) is pending on the file of the learned Judge, City Civil Court, at Mumbai for more than 14 years.

In view thereof, learned Judge, City Civil Court, Mumbai seized 1/2

ssm 2 28-ao1045.19.doc of Summary Suit No.5407 of 2006 is directed to expedite the hearing of the said Suit and to dispose it off within a period of one year from the date of receipt of present Order.

All the parties to the said Suit are directed to co-operate with the learned Judge, City Civil Court, Mumbai in expeditious hearing of the said Suit.

(A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2021.10.04 14:24:36 +0530 SANJIV SHARNAPPA MASHALKAR 2/2