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Bombay High CourtCAA/849/2015disposed off

Diana Vincent Mendes And ORS v. Mr. Allwyn Joseph D'Costa And ORS

2018-03-19Hon'Ble Smt. Justice Anuja Prabhudessai1 pages

21 ao 694-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 694 OF 2015 WITH CIVIL APPLICATION NO. 849 OF 2015 IN APPEAL FROM ORDER NO. 694 OF 2015 Diana Vincent Mendes & Ors.

..Applicants v/s.

Allwyn Joseph D'Costa & Ors.

..Respondents Mr. Sundar T.K.S.Mani i/b. Divya Jain for the Applicant/Appellant Mr. Denzil D'Mello for the Respondent Nos.1 and 2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 19th MARCH, 2018.

P.C.

1.

The learned Counsel for the appellant submits that the apprehension based on which the plaintiff had taken out the Notice of Motion No. 298 of 2011 no longer survives. In view of which he seeks leave to withdraw the Appeal from Order. Leave granted. 2.

Appeal from Order is dismissed as withdrawn.

3.

Civil Application stands dismissed in view of withdrawal of the appeal from order.

(ANUJA PRABHUDESSAI, J.) pps