Shri. Suyog Vijanand Pawar And ANR. v. Special Recovery And Sales Officer And ORS.

nob1-wp7298-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7298 OF 2016 Special Recovery & Sales Officer & Anr.

...Petitioners

V/s.

Suyog V. Pawar & Ors.

...Respondents

WITH CIVIL APPLICATION NO.1052 OF 2018 IN WRIT PETITION NO.7298 OF 2016 Suyog V. Pawar & Ors.

...Applicant Nos.1 and 2

IN THE MATTER BETWEEN :

Special Recovery & Sales Officer & Anr.

...Petitioners

V/s.

Suyog V. Pawar & Ors.

...Respondents

Mr.Amol Juwale i/b A.S. Paulose for the Petitioners in W.P. No.7298 of 2016 and for the Respondents in Civil Application No.1052 of 2018.

Mr.E.R. Naik with Mr.D.D.Vaidya for the Applicants in Civil Application No.1052 of 2018 and the for Respondents in Writ Petition No.7298 of 2016.

CORAM : R.D. DHANUKA, J.

DATE : 7TH MAY, 2018.

(IN CHAMBER) P.C. :- 1.

The matter is mentioned in Chamber today for speaking to the minutes of the order dated 3rd May, 2018 in Writ Petition No.7298 1/2

nob1-wp7298-16 of 2016 along with Civil Application No.1052 of 2018. 2.

Heard leaned counsel for the parties. It is clarified that the learned counsel appearing for the petitioners did not seek any liberty to withdraw the writ petition. Learned counsel appearing for the applicants had applied for withdrawal of the Civil Application No.1052 of 2018 in view of the statement made by the learned counsel for the respondent no.1 to the civil application that his client had decided not to proceed with the auction of the property in question pursuant to notice dated 2nd April, 2018 and thus the civil application did not survive. It is clarified that the Writ Petition No.7298 of 2016 is not dismissed as withdrawn but the Civil Application No.1052 of 2018 is dismissed as withdrawn.

3.

Interim order, if any, passed in the Writ Petition No.7298 of 2016 also continues to be in force.

4.

All the parties to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2