Farid Shaikh v. Bashir Babu Tambe And Others

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2023.02.18 13:22:35 +0530 903-ao 816-22.odt PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 816 OF 2022 IN SUIT NO. 567 OF 2021 Farid Shaikh ...Appellant Vs.

Bashir Babu Tambe & Ors.

...Respondents

__________ Mr. Jamshed Ansari for Appellant.

__________ CORAM :

G.S. KULKARNI, J.

DATE :

FEBRUARY 16, 2023 P.C.:

1.

Learned counsel for the appellant informs that his client has filed Notice of Motion No.1059 of 2021 invoking the provisions of Order 7 Rule 11 of the Code of Civil Procedure and such notice of motion is pending. He submits that the appellant be permitted to withdraw this appeal with liberty to pursue the pending notice of motion. 2.

Allowed to be withdrawn with liberty as prayed for. Disposed of. No costs.

3.

Learned trial Judge is requested to take up the said Notice of Motion for early hearing and preferably the same be decided within six months from today.

4.

All contentions of the parties are expressly kept open. [G.S. KULKARNI, J.] ------------------------- 16 February, 2023