Mr. Homi Framji Commissariat And ANR. v. Jairam Viraswamy And ANR.

Dinesh Sherla 42-wp-11245-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11245 OF 2018 Mr. Homi Framji Commissariat and anr.

..Petitioners vs.

Jairam Viraswamy and anr.

.. Respondents Mr. Ajay Panicker I/b Ajay Law Associates for the Petitioner.

CORAM

:

M. S. SONAK, J.

DATE : 11 DECEMBER 2018.

P.C. :- 1] After this matter was argued for some time, the learned counsel for the petitioners seeks leave to withdraw this petition with liberty to file an application seeking interim mense profits.

2] The impugned order has no relation with the issue of mense profit or interim mense profit. In any case, if the petitioners desire to make application for interim mense profit and if, such a course is permissible in law, the petitioners may do so. If such an application is made, the same is to be decided on its own merits and this order may not be construed as some kind of permission to make such application, if otherwise in law such application is not maintainable.

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Dinesh Sherla 42-wp-11245-18 3] With limited liberty as aforesaid, leave is granted to withdraw this petition. This petition is dismissed as withdrawn with limited liberty as aforesaid.

(M. S. SONAK, J.) 2/2