M/S Skyline Construction Thru Partners v. Mr. Joma Chaahu Mhatre Thru Legal Heirs

(22) WP-13020-18.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Bharat D. Pandit CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13020 OF 2018 by Bharat D.

Pandit Date: 2019.10.18 09:41:22 +0530 ALONGWITH WRIT PETITION NO.306 OF 2019 M/s. Skyline Construction a Partnership Firm through its partners

1) Shri Sukhdev Bhimrao Shinde and Others ..... Petitioners.

V/s Mr. Joma Chaahu Mhatre (since deceased through his legal heirs)

1) Shri Pandurang Joma Mhatre and Others ..... Respondents.

--- Mr. S.M. Oak, Senior Advocate i/b Mr. Sagar Joshi for the Petitioners in Writ Petition No.13020 of 2018 and in Writ Petition No.306 of 2019.

Mr. P.S. Dani, Senior Advocate i/b Mr. Prashant Patil for Respondent No.2 in Writ Petition No.13020 of of 2018.

---- CORAM: NITIN W. SAMBRE, J.

DATE: OCTOBER 14, 2019 P.C.:- 1] The learned Senior Counsel appearing on behalf of RespondentDefendant raised an objection about maintainability of the Petition as 1/2

(22) WP-13020-18.doc the order impugned is passed under Order-VII Rule 11 of the Civil Procedure Code.

2] In view of aforesaid objection, motion is made for withdrawal of the Petition with liberty to initiate appeal before the competent appeal court.

3] Petition stands disposed of as withdrawn with liberty as prayed. Needless to clarify that time spent in this Court for pursuing the Petition be considered in case of objection as to limitation. 4] Learned Counsel for the Respondent No.2 submits that for a period of two weeks from today, third party interest will not be created.

( NITIN W. SAMBRE, J. ) 2/2