Mr. Achelesh Daga And ORS v. Nikhil Kumar Daga And ANR

sat aost 12475-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 12475 OF 2019 IN CHAMBER SUMMONS NO. 1217 OF 2017 IN SUMMARY SUIT NO. 431 OF 2014 WITH CIVIL APPLICATION NO. 959 OF 2019 Mr.Achelesh Daga & Ors.

...Appellants/Applicants Vs.

Nikhil Kumar Daga & Anr.

...Respondents/Orig.Plaintifff and

Defendant respectively Mr.Pankaj Kowli I/b. Kookada and Associates for Appellants. Ms.Sheetal Parkash for Respondent No.1.

CORAM : S.C. GUPTE, J.

DATE : 19 AUGUST 2019 P.C. :

This appeal from order challenges an order passed by the Bombay City Civil Court on a chamber summons to set aside an exparte decree passed in a summary suit.

Learned Counsel for the Appellant seeks leave to withdraw the appeal from order with liberty to adopt such proceedings, as may be permissible to him in law.

The appeal from order is dismissed as withdrawn with liberty as prayed. In view of the disposal of the appeal, the civil application does not survive and the same is also disposed of. (S.C. GUPTE, J.) 1 / 1