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Bombay High CourtCAF/3104/2019allowed to be withdrawn

Shri. Pandurang Tukaram Jadhav And ORS. v. The Maharashtra Housing And Area Development Authority

2019-09-16Hon'Ble Shri Justice K.K. Tated2 pages

43 caf 3104-19=.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3104 OF 2019 IN FIRST APPEAL NO. 1233 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Milind Desai I/b T.R. Patel for the Applicant.

Mr. Akshay Shinde I/b Vaibhav Gaikwad for the Respondent Nos. 1 and 2.

CORAM: K.K.TATED, J.

DATED : 16.09.2019 P.C.

Heard learned Counsel for the parties.

By this Civil Application, the Applicant is seeking stay of impugned Judgment and Decree dated 01.07.2019 passed by Bombay City Civil Court at Mumbai in Suit No. 1417 of 2011 by which the Applicant's suit stands dismissed.

When this Court declined to entertain the present Civil Application, the Applicant seeks permission to withdraw the Civil Application with liberty to file a fresh for same cause of action with additional prayers for injunction. To that effect he has given in Sneha Chavan 1/2

43 caf 3104-19=.odt writing. Same is taken on record and marked "X" for identification. Same is accepted.

Civil Application stands dismissed as withdrawn with liberty as prayed.

(K.K.TATED, J.) Sneha Chavan 2/2