M/S. Masa Group Builders And Developers Thr. Partner Mr.Salman Anis Dolare And ANR v. Mr. Mubarz Musafir Khan And ANR

1 / 2 CRA/ 232/2016 Tapadia RR/B.903

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 232 OF 2016 M/s Masa Group Builders and Developers through its partner Mr. Salman A Dolare and Anr.

..Applicants Vs Mr. Mumbarz Musafir Khan and Anr.

.. Respondents Mr. Kishor S. Patil, Advocate for Applicants. CORAM : R.G.KETKAR,J.

DATE : 22/04/2016 PC:

1.

Heard Mr. Kishor Patil, learned counsel for the applicants at length.

2.

By this Application under Section 115 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.'), the applicants have challenged the Judgment and order dated 6.4.2016 passed by the learned Jt. Civil Judge, Jr. Dn., Kalyan below Exh.17 in R.C.S. No.626 of 2015. By that order, the learned trial Judge rejected the application made by defendants no.2 and 3 under Order VI, Rule 11(a) and (d) of C.P.C.

3. After arguing the application for quite some time, upon taking instructions from Mr. Salman Dolare, partner of applicant no.1 who is present in the court,Mr. Patil seeks permission to withdraw this application with liberty to file fresh application

2 / 2 CRA/ 232/2016 under Order VI, Rule 11. He submits that if such application is made, the learned trial Judge may be directed to dispose of the said application uninfluenced by the observations made in the impugned order.

3.

In view thereof, on the motion made by Mr. Patil, Application is allowed to be withdrawn with liberty as prayed for. All contentions of the plaintiffs are expressly kept open. Learned trial Judge will decide the fresh application uninfluenced by the observations made in the impugned order. Order accordingly. (R.G.KETKAR, J.)