Rajendraprasad Shyamji Yadav v. Sanyam Realtors Private Limited

Digitally signed by PRASHANT VILAS RANE Date:

2023.02.03 17:03:41 +0530 pvr 501AO747-22-IA16673-22.odt PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 747 OF 2022 with INTERIM APPLICATION NO.16673 OF 2022 Rajendraprasad Shyamji Yadav ..Appellant Vs.

Sanyam Realtors Pvt.Ltd.

...Respondent

__________ Mr.Prachi Khandge i/b. M.P.Vashi Associates, for Appellant. Mr.Shardul Singh Thakur with Sakshi Agarwal with Vedanshi Shah, for the Respondent.

__________ CORAM : G.S. KULKARNI, J.

DATE : FEBRUARY 1, 2023 P.C.:

1.

Not on board. Upon mentioning taken on board on a praecipe as moved on behalf of the appellant.

2.

Learned Counsel for the appellant states that the appeal from order would not be maintainable against the impugned order dated 29 January 2022 which is passed on a suit filed under Section 6 of the Specific Relief Act. Learned Counsel for the appellant seeks leave to withdraw this appeal with liberty to institute an appropriate proceedings.

3.

Allowed to be withdrawn with liberty to file appropriate proceedings. As the appellant was bonafide pursuing the present proceedings, it will be open to the appellant to urge all contentions on limitation in the proposed proceedings. All contentions of the parties on merits are expressly kept open.

4.

In view of disposal of the Appeal, pending Interim Application would not survive, the same is disposed of.

[G.S. KULKARNI, J.] ------------------------- 1 February , 2023