← Library
Bombay High CourtCAC/575/2015allowed

Mrs. Draupadi Amrit Naik And ORS v. M/S Vishwas Builders And Developers And ORS

2016-05-06Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

CAC575_15.doc

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.575 OF 2015 IN CIVIL REVISION APPLICATION (ST.) NO.18603 OF 2015 WITH CIVIL APPLICATION NO.576 OF 2015 IN CIVIL REVISION APPLICATION (ST.) NO.18611 OF 2015 WITH CIVIL APPLICATION NO.577 OF 2015 IN CIVIL REVISION APPLICATION (ST.) NO.18607 OF 2015 (Draupadi Amrit Naik and others Vs. M/s. Vishwas Builders & Developers and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Vijay Kumar Aggarwal for Applicants.

Mr. Sumit S. Kothari for Respondents.

CORAM : R. G. KETKAR, J.

DATE : 06TH MAY, 2016 P.C.:

CIVIL APPLICATION NO.575 OF 2015 CIVIL APPLICATION NO.576 OF 2015 CIVIL APPLICATION NO.577 OF 2015 Heard Mr. Aggarwal, learned Counsel for applicants and Mr. Kothari, learned Counsel for respondents. 2.

These are the Applications for condoning the delay of 12 days caused in filing the Civil Revision Applications.

1/2

CAC575_15.doc 3.

Mr. Aggarwal states that all the respondents are duly served.

4.

In view thereof and having regard to the fact that delay is of 12 days, Civil Applications are allowed in terms of prayer clause (a) with no order as to costs. 5.

At the request of Mr. Aggarwal, Civil Revision Applications are taken up for admission. Mr. Aggarwal has tendered photocopy of the order dated 18.04.2016 passed by the learned Joint Civil Judge Junior Division, Panvel. By that order, the learned trial Judge dismissed the Suit for want of prosecution on the ground that plaintiff has lost interest in the matter and no purpose will be served by keeping the Suit pending. The order dated 18.04.2016 is taken on record and marked 'X' for identification.

6.

Mr. Aggarwal, therefore, seeks permission to withdraw the Civil Revision Applications with liberty to institute Civil Revision Applications in case the Suit is restored.

7.

In view thereof, on the motion made by Mr. Aggarwal, leave to withdraw Civil Revision Applications with liberty as prayed for is granted. It is made clear that I have not examined merits of C.R.As. (R. G. KETKAR, J.) Minal Parab 2/2