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Bombay High CourtAO/200/2020

Shirley Naresh Rajwani And ANR. v. The Western District Council Of Maharashtra Of The South India Assemblies Of God And ANR.

2020-01-27Hon'Ble Shri Justice A.S. Gadkari1 pages

44-AOST-13644-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST. NO.13644 OF 2019 Shirley Naresh Rajwani & Anr.

..Appellants Vs.

The Western District Council of Maharashtra of South India Assemblies of God .

..Respondents ----- Mr. Farhaan Dubhash a/w Dhruvika Bhayani i/b Legal Vision for Appellants. Ms. Priyali Bhandari for respondent No.1.

Ms. Yasmin Tavaria for respondent No.2.

------ CORAM : A.S.GADKARI, J.

DATE : 27th January 2020.

P.C.:

1] At the outset, the learned counsel for the respondent No.1 raised a preliminary objection and submitted that, against the impugned Order dated 20.3.2019 passed in Chamber Summons No.537 of 2018 in S.C. Suit No.8123 of 1996, the present appeal under Order 43 of Code of Civil Procedure is not maintainable. 2] Facing with the said difficulty, the learned counsel for the appellants on instructions seeks leave to withdraw the present appeal with liberty to file a substantive writ petition under Article 227 of Constitution of India impugning the aforesaid Order. Leave and liberty granted.

3] Disposed off as withdrawn with aforesaid liberty. (A.S.GADKARI, J.) 1/1