Mr. Chhabinath S/O. Shivnayak Yadav v. Mr. Jagannath S/O. Shivnayak Yadav

39 ao 587-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

APPEAL FROM ORDER NO. 587 OF 2014 WITH CIVIL APPLICATION NO. 709 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Anand Mishra i/b A. M. Saraogi for the appellant/applicant.

Mr. J.B. Mishra for the respondent.

CORAM : K. K. TATED, J.

DATED : 05/01/2015.

P.C.:

.

Heard learned Counsel for the parties.

By this Appeal from Order, appellant original plaintiff challenges the order dated 28.05.2014 passed by the Bombay City Civil Court at Bombay refusing to grant ad-interim relief.

The learned Counsel for the respondent makes a statement that respondent undertakes to file his affidavit-in-reply to the motion within two weeks from today. The same is accepted.

In view of undertaking given by the respondent about filing of his affidavit-in-reply, the Sneha Chavan 1/2

39 ao 587-14=.doc learned Counsel for the appellant seeks permission to withdraw the present Appeal from Order with liberty to renew his application for ad-interim relief after filing of affidavit-in-reply by the respondent. The same is allowed.

Appeal from Order is dismissed as withdrawn with liberty as prayed.

In view of withdrawal of Appeal from Order, nothing survives in Civil Application. Hence same is also dismissed as infructuous.

(K.K.TATED, J.) Sneha Chavan 2/2