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Bombay High CourtAO/605/2018allowed to be withdrawn

Vrindavan Sra Co-Operative Housing Society v. The Municipal Corporation Of Greater Mumbai And ORS

2020-02-05Hon'Ble Shri Justice A.S. Gadkari2 pages

ao-605-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER NO.605 OF 2018 WITH CIVIL APPLICATION NO.833 OF 2018 IN APPEAL FROM ORDER NO.605 OF 2018 Vrindavan SRA Co-operative Housing Society Limited ..

Appellant.

(Orig. Plaintiff) v/s.

The Municipal Corporation of Greater Mumbai & Others ..

Respondents.

(Orig. Defendant Nos. 1 to 3) Mr. Karl Tamboli i/b. M.K. Tanna, for the Appellant. Ms. Oorja Dhond, for Respondent No.1-MCGM.

Mr. Aniket Nikam i/b. Tejas Shah, for Respondent No.3. Ms. Aarti Taware, for Respondent No.2 .

CORAM: A.S.GADKARI,J.

DATED : 5th FEBRUARY, 2020.

P.C:- Learned Counsel for the Appellant submitted that in view of paragraph 2 of order dated 4th May, 2018, he has instructions not to press the Appeal at this stage. He, therefore, seeks leave to withdraw the present Appeal with liberty to amend the plaint in S.C. Suit (L)No.6406 of 2018 for incorporating the said subsequent and necessary events in that behalf.

S.R.JOSHI

ao-605-2018 Leave and liberty granted.

Mr. Tamboli, learned Counsel for the Appellant submitted that, he will carry out the necessary amendment in the plaint in the S.C.Suit (L) No.6406 of 2018 within a period of three weeks from today. The said statement is accepted.

In view thereof, parties are directed to maintain status-quo as of today for a period of four weeks from today. Appeal is disposed off, as withdrawn with aforesaid liberty. 6 In view of disposal of Appeal, Civil Application No. 833 of 2018 does not survive and is accordingly disposed off. (A.S.GADKARI,J.) S.R.JOSHI