Ashish Hasmukhrai Piparia Thr. Poa Mr. Vardhman Shah And ORS. v. Pragnabhen B. Sanghvi And ORS.

ssm 1 40-ao800.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 800 OF 2018 WITH CIVIL APPLICATION NO. 1032 OF 2018 IN APPEAL FROM ORDER NO. 800 OF 2018 Ashish Hasmukhrai Piparia & Ors.

.....Appellants.

Vs.

Pragnabhen B. Sanghvi & Ors.

.....Respondents.

Mr. Sajid Shamim a/w Mr. Murtuza Slalewala i/by Shamim & Co. for the Appellants.

None for the Respondents.

CORAM : A. S. GADKARI, J.

DATE : 11th NOVEMBER, 2019.

P.C.:- Learned counsel for the Appellants submitted that, the present Appeal from Order has been erroneously filed and substantive Writ Petition would lie against the impugned Order. He, therefore, seeks leave to withdraw the present Appeal with liberty to file a substantive Writ Petition impugning the Order dated 5th April, 2018 passed by the learned Judge of City Civil Court, 1/2

ssm 2 40-ao800.18.doc Mumbai.

Leave and liberty granted.

Writ Petition is disposed off, as withdrawn with aforesaid liberty.

In view of disposal of Writ Petition itself, Civil Application Nos. 1032 of 2018 does not survive, is also disposed off. (A.S. GADKARI, J.) 2/2