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Bombay High CourtAO/1094/2014allowed to be withdrawn

M/S. Shilpoo Co-Operative Housing Society Limited v. Suryakant Shardaprasad Sharma And ORS

2016-02-02Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 4.ao-1094.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1094 OF 2014 along with CIVIL APPLICATION NO.1319 OF 2014 in APPEAL FROM ORDER NO.1094 OF 2014 M/s.Shilpoo Co-operative Housing Society Limited ..

Appellant/Applicant Vs.

Suryakant Sharadaprasad Sharma & Ors.

..

Respondents --- Mr.Jagdish Jayale for the appellant/applicant. Mr.S.J. Chaurasia i/by M/s.Ashoka Law Firm for the respondent no.1. Mr.A.V.Diwate for the respondent no.5-MMC.

--- CORAM : R.D. DHANUKA, J.

DATE : 2nd February 2016 P.C.

.

Learned counsel appearing for the appellant seeks permission to withdraw the appeal from order with liberty to file appropriate proceedings in view of the objection raised by the learned counsel appearing for the respondents that appeal from order is not maintainable against the order impugned to the appeal from order. 2.

Appeal from order is dismissed as withdrawn with liberty as prayed. In view of the dismissal of the appeal from order, civil applications do not survive and the same are dismissed accordingly. No order as to costs.

ppn 2 4.ao-1094.14.doc 3.

Since the appellant proposes to file appropriate proceedings, it is made clear that the respondents shall not proceed with the trial for a period of two weeks from today.

R.D. DHANUKA, J.