Mrs. Amarpreetkaur Chadha And ANR. v. Mahesh Rasiklal Shah And ANR.

555- AOST 13287 of 2019 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) No.13287 OF 2019 WITH CIVIL APPLICATION (ST) No. 13288 OF 2019 IN APPEAL FROM ORDER (ST) No.13287 OF 2019 Mrs. Amarpreetkaur Chadha And Anr.

...Appellants/ Applicants Vs.

Mahesh Rasiklal Shah and Anr.

...Respondents

----- Mr. Ravish Mishra i/b. V.B. Dhingraja for Appellants ----- CORAM :

SHRI K.K. TATED, J.

DATE :

MAY 02, 2019 P.C.:

1.

Not on Board. At the request of learned counsel for the Appellants/Applicants matter is taken on board. 2.

Heard learned counsel for the parties.

3.

Learned counsel for the Appellants submits that against the impugned order dated 3rd April, 2019 passed by the Bombay City Civil Court at Bombay in Summons for Judgment No. 224 of 2016 in Summary Suit No. 469 of 2016, Appeal from order is not maintainable. Hence, he received instructions from his client to withdraw the present proceeding with liberty to file separate proceeding for the same cause of action.

To that effect he has given in writing. The same is taken on record and marked 'X' for the purpose of identification. The same is accepted.

555- AOST 13287 of 2019 5.

Appeal from order as well as Civil Application stand dismissed as withdrawn with liberty to to file appropriate proceeding against the impugned order passed by the trial court.

[ K.K. TATED, J.] Tikam