Shri. Dattatray Hari Kadam And ANR. v. Uttam Khanderao Bhosle And ORS.

PR 5 caw 1739-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1739 OF 2016 IN WRIT PETITION NO. 1659 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sandeep Koregaon for the Applicant.

CORAM : K. K. TATED, J.

DATED : 14/07/2016 P.C.:

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Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

Heard learned Counsel for the applicant.

In the present proceeding, applicant himself filed Writ Petition No. 1659 of 2016.

The learned Counsel for the applicant submits that in the present petition, after hearing both the sides this Court passed order on 25.02.2016 and granted ad-interim relief in terms of prayer clause (b) i.e. stay of the further proceeding in Regular Civil Suit No. 291 of 2015.

The learned Counsel for the applicant submits that now he received instructions from his client, not to press interim relief. Hence, he has moved before Sneha Chavan 1/2

PR 5 caw 1739-16=.doc this court for urgent relief.

Considering the submissions made by learned counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, following order is passed:

i) Civil application is allowed in terms of prayer clause (a), which reads thus:

"a) This Hon'ble High Court kindly be vacated the interim relief granted by this Hon'ble Court dated 25.02.2016 and Regular Civil Suit No. 291/2015 will be proceed further as per law." ii) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2