Hamida Ramzanali Rayani v. Shahzada Abbas Bhaisaheb Fakhruddin And ORS

Osk 31-WP-6914-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6914 OF 2021 Hamida Ramzanali Rayani ... Petitioner V/s.

Shahzada Abbas Bhaisaheb Fakhruddin & Ors.

... Respondents Mr.Kantilal H. Kanojia a/w. Ms.Jyoti Kanojia for Petitioner. Mr.Khan Javed Akhtar a/w. Ms.Fatema Mandsaurwala for Respondent Nos.1 to 16.

Mr.S.S. Redij for Respondent No.17.

CORAM : A.S. GADKARI, J.

DATE : 20th October 2021.

P.C. :

1.

After hearing the learned counsel for the Petitioner at length, when this Court was not inclined to interfere with the impugned Order dated 10th August 2021 passed below Exh.46, the learned counsel on instructions seeks leave to withdraw the present Petition with liberty to cross examine the witnesses of plaintiffs/Respondent Nos.1 to 16 herein, at the time of trial to bring on record the fact of construction of other buildings by the plaintiffs. This liberty is granted, subject to permissibility as per the provisions of law and objections, if any raised by the Plaintiffs in that behalf. 2.

Petition is dismissed as withdrawn with aforesaid liberty. by OMKAR SHIVAHAR KUMBHAKARN Date:

2021.10.21 17:12:45 +0530 [A.S. GADKARI, J.] OMKAR SHIVAHAR KUMBHAKARN 1/1