Mr. Prakash Theodore Bangera v. Elias Gasper Pereira

917-cac-334-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.334 OF 2018 IN CIVIL REVISION APPLICATION NO.588 OF 2017 Prakash Theodore Bangera ] Applicant Vs.

Elias Gasper Pereira ] Respondent .....

Mr. Ubaid Ahmed Ghawte, for Applicant.

Mr. V.E. Pereira, for Respondent.

.....

CORAM :

R.G. KETKAR, J.

DATE :

14TH AUGUST, 2018.

P.C.

Heard Mr. Ghawte, learned Counsel for the applicant and Mr. Pereira, learned Counsel for the respondent.

2.

Mr. Ghawte submitted that in view of paragraph 4 of the order of this Court dated 7th November, 2017, the applicant has taken out this application for redeuction of compensation fixed by this Court @ Rs. 4500/- per month.

3.

Mr. Pereira invited my attention to paragraph 3 of the said order and in particular to the following sentence;

"On an extremely conservative estimate, if given out today, these premises cannot possibly fetch less than Rs. 4,500/- per month."

917-cac-334-2018.odt 4.

In view thereof, Mr. Ghwate seeks permission to withdraw this civil application with liberty to file Review Petition. On the motion made by Mr. Ghwate, application is allowed to be withdrawn with liberty as prayed for and as such is disposed of.

5.

It is made clear that I have not examined merits of the case. All contentions of the parties on merits are expressly kept open. [R.G. KETKAR, J.]