Balaji Gurusharan Barai v. The Municipal Corporation Of Greater Mumbai

56 ao533-18.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.533 OF 2018 WITH CIVIL APPLICATION NO.714 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.B.S.Shukla for the appellant Ms.Oorja Dhond for the B.M.C.

CORAM : K. K. TATED, J DATE : MARCH 27, 2019 P.C.:

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Heard.

By this Appeal from Order appellant original plaintiff is challenging the order dated 3.5.2018 passed by Bombay City Civil Court at Bombay in Notice of Motion 630 of 2018 in L.C. Suit No.537 of 2013 rejecting plaintiff's Notice of Motion for mandatory injunction.

After arguing for some time when this Mohite 1/2

56 ao533-18.doc court declined to entertain Appeal from Order, the learned counsel for the appellant submits that appellant may be permitted to withdraw the present Appeal from Order. He submits that suit is pending since 2013. He submits that in the interest of Justice this Hon'ble court be pleased to expedite L.C.Suit No.537 of 2013. To that effect advocate for the appellant has given in writing. Same is taken on record and marked 'X' for identification. Same is accepted. Hence, following order is passed; a. Appeal from Order as well as Civil Application stands dismissed as withdrawn.

b. Hearing of L.C.Suit No.537 of 2013 pending before Bombay City Civil Court at Bombay is expedited.

(K.K.TATED, J.) Mohite 2/2