Mrs Mary Pereira And ANR v. Mrs Norysca Wassoodew And ORS

902.CRA.80-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Revision Application NO. 80 OF 2018 Mrs Mary Pereira And Anr ...Applicants

Versus

Mrs Norysca Wassoodew And Ors

...Respondents

....

Mr. Nagendra S. Dube, Advocate for the Applicants. Mr. Jaideep Mitra i/b. Rupesh Mandhare, Advocate for Respondents No.1 to 3.

....

CORAM : R. G. KETKAR, J.

DATE : 20th MARCH, 2018 P.C.

1.

Heard Mr. Nagendra Dube, learned counsel for the applicants and Mr.Jaideep Mitra, learned counsel for respondents No.1 to 3. 2.

Mr. Dube has tendered affidavit of Florencio Pereira, son and Constituted Attorney of applicant No.1 Mrs. Mary Pareira. Same is taken on record and marked 'X' for identification. Mr. Dube has also tendered a photo-copy of his PAN Card, which is also taken on record and marked 'Y' for identification.

3.

Upon taking instructions from him, Mr. Dube seeks permission to withdraw Civil Revision Application with liberty to file Review Petition. He assures that within two weeks from today the applicants will file Review Petition and serve copy in advance on the 1 / 2

902.CRA.80-18.doc other side seeking review of the Appellate Court's order dated 9.2.2016 passed in (A-1) Appeal No.56/2012. He states that along with Review Petition, the applicants will also take out separate application for interim order. He further submits that ad-interim order granted on 18.7.2016 in terms of prayer clause (b) of this application may be continued for a period of four weeks from today. In the meantime, the applicants will obtain appropriate interim orders from the Appellate Court.

4.

In view thereof, on the motion made by Mr. Dube, C.R.A. is allowed to be withdrawn and is disposed of with liberty as prayed for. Ad-interim order dated 18.7.2016 granted by this Court is extended for a period of four weeks from today. In the meantime, the applicants shall obtain appropriate interim reliefs in the Review Petition. Extension of ad-interim order shall not be construed as an expression of merits either way. The Appellate Court will independently decide the application for interim relief on its own merits and in accordance with law. All contentions of the parties in the Review Petition and the application for interim relief are expressly kept open. Order accordingly. (R. G. KETKAR, J.) Deshmane (PS) 2 / 2