Sou. Zarina Rizwan Shaikh And ANR v. Reshma Navid Shaikh And ANR

Mhi WP-6316-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6316 OF 2014 Sou. Zarina Rizwan Shaikh & Ors.

...Petitioners

Versus

Reshma Navid Shaikh & Anr.

...Respondents

Mr.Kuldeep S. Patil, for the petitioners.

CORAM : SMT. SADHANA S.JADHAV, J.

DATE :28th November, 2017.

P.C. :

1.

The learned counsel for the petitioners fairly submits that the suit has proceeded and is fixed for adducing evidence. An application under Order XXXIX Rules 1 and 2 was rejected on 8.1.2013. Being aggrieved, the plaintiff had filed Misc. Civil Appeal No.18 of 2013 which was dismissed by an order dated 12.3.2014.

2.

Taking into consideration the fact that the suit has proceeded further, the learned counsel for the petitioners seeks liberty to withdraw the Petition. Liberty as prayed for is granted in the interest of justice. The learned trial Court shall not be influenced by the withdrawal of the Petition as it is restricted only to the application filed below Exhibit 5. The learned trial

Mhi WP-6316-14.doc Court is requested to make an endeavour to expedite the suit as far as possible.

(SMT. SADHANA S.JADHAV, J.)