Ms. Sheetal Bedi v. M/S. Ganga Developers And ANR

1 / 2 WP/9348/2016 Tapadia RR/P-3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9348 OF 2016 Ms.Sheetal Bedi ..Petitioner.

Vs M/s Ganga Developers and Anr.

.. Respondents Mr. Pradeep J. Thorat, Advocate for Petitioner. CORAM : R.G.KETKAR,J.

DATE : 23/02/2017 PC:

1.

Not on Board. At the request of Mr. Thorat, taken up for admission. Heard Mr.Pradeep Thorat, learned counsel for the petitioner.

2.

By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the Judgment and order dated 13.6.2016 passed by the learned Judge, City Civil Court, Mumbai below Exhibit 8 in S.C.Suit No. 4470 of 2007. By that order, the learned trial Judge did not admit document at Sr.No.1 of compilation of documents and admitted documents at Sr.Nos 2 and 3 in evidence.

3.

After arguing the matter for quite sometime, Mr.Thorat seeks permission to withdraw this Petition. On the motion made by Mr. Thorat, Petition is allowed to be withdrawn and is dismissed as withdrawn. It is made clear that where a decree is appealed from by the petitioner, any error, defect or irregularity

2 / 2 WP/9348/2016 in the impugned order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal as contemplated by Section 105(1) of C.P.C. Order accordingly. (R.G.KETKAR, J.)