Vilas Gajanan Mhatre And ANR v. Reena Shirish Mhatre, Wd/O. Late Shrirish Vilas Mhatre

1 Pro-11 AOst 19029-16 w CAAst 19032-16.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER (St.) NO. 19029 OF 2016 Along with CIVIL APPLICATION (St.) NO. 19032 OF 2016 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.N.V.Walawalkar-senior Advocate i/b Mr.S.R.Gelye, for Appellants / Applicants.

Ms.Savina Crasto, for Respondent.

CORAM : N.M.Jamdar, J.

Tuesday, 19 July 2016.

P.C. :

Not on board. Taken on production board by way of praecipe.

2.

The learned senior Advocate for the Appellants submits that the Appellants are desirous of filing a Notice of motion for recall of the order dated

2 Pro-11 AOst 19029-16 w CAAst 19032-16.doc 20 June 2016, which is challenged in the present Appeal, as according to the learned counsel, the order is passed without hearing the Appellants, and seeks leave to withdraw the Appeal. Accordingly, the Appeal is disposed of as withdrawn, with liberty as prayed.

The Civil Application also does not survive.

3.

All contentions of the parties, including that of the Respondent regarding maintainability of the proposed Notice of motion, are kept open.

(N.M.Jamdar, J.)