Smt. Dr. Jasbir Kaur Kulbir Sing Saluja v. Smt. Dr. Seema Gurpal Sing Saluja

skc 904-aost-11681-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO. 11681 OF 2015 Smt. Dr. Jasbir Kaur Kulbir Sing Saluja ..

Appellant vs.

Smt. Dr. Seema Gurpal Singh Saluja ..

Respondent Mr. Dinesh Tiwari with Mr. S. Ambre i/b. Dinesh Tiwari & Associates for Appellant.

Ms Seema Saluja - Respondent present in person. CORAM : M. S. SONAK, J.

DATE: 08 FEBRUARY 2017 P.C :

1] Learned counsel for the appellant on basis of instructions from the appellant, who is present in the court, seeks leave to withdraw this appeal after the matter was argued for some time. He says that the appellant will take out appropriate notice of motion, in relation to her grievance, inter alia about the alleged user of the suit premises for non residential purposes. He further submits that the appellant is a senior citizen and therefore, some directions be issued for expeditious disposal of the suit.

2] Appeal is disposed of as withdrawn with liberty to the appellant to file fresh notice of motion. Such notice of motion, if filed, will be disposed of by the learned trial Judge within a period of two months in accordance with law and on its own merits. Full 1/2

skc 904-aost-11681-15.doc opportunity to be afforded to the respondent for submitting her say in the matter.

3] Further, the trial court is also directed to dispose of the suit as expeditiously as possible and in any case within a period of nine months from today.

4] All the parties to co-operate in the matter of expeditious disposal of the suit. In disposing of the suit, the trial court need not be influenced by any observations in the impugned order dated 20 December 2014. The disposal of the suit shall again be on its own merits and in accordance with law. Appeal is disposed of accordingly.

5] All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.) Chandka 2/2