Shri Sudam Laxman Mhaske v. Smt. Sitabai Balu Doke....

4163.12-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4163/2012 IN FIRST APPEAL NO.1668/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Drupad S. Patil for the Applicant Mr. Suresh Dubey for the Respondent Nos.1 to 4. CORAM : K. K. TATED, J.

DATE : JULY 15, 2015 P.C.:

1.

Heard. This Application is preferred by the Plaintiff for an order of injunction restraining the Respondent from creating third party right, title and interest in respect of the suit property. 2.

The Advocate for the Respondent Nos.1 to 4 on 22/04/2015 made a statement before this court that they have already crated third party right, title and interest in the suit property by sale deed dated 22/05/2013 in favour of Murlidhar Nivruti Kale and Kauslya Murlidhar Kale.

3.

In view of the said statement made by the learned counsel for the Respondent, Advocate for Basavraj G Patil 1/2

4163.12-caf the Applicant seeks permission to withdraw the present Civil Application with liberty to file afresh for the same cause of action against the Respondent as well as new purchaser.

4.

Civil Application stands dismissed as withdrawn with liberty as prayed for.

JUDGE Basavraj G Patil 2/2