Mrs. Laxmibai Hirji Premji Since Deceased Thr. Lrs. Mr. Suryakant Furia v. Mulund Vimal Vihar C.H.S. Ltd, And ANR.

19-751-2019-FA=.doc 2023:BHC-AS:28190 Uday S. Jagtapds Corrected as per Speaking to Minutes order dated 25.09.2023 in bold

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 751 OF 2019 WITH CIVIL APPLICATION NO. 479 OF 2019 IN FIRST APPEAL NO. 751 OF 2019 Mrs. Laxmibai Hirji Premji, (Deleted Since deceased) Thr. LRs.

Suryakant Furia .. Appellant Vs.

Mulund Vimal Vihar CHS Ltd. & Anr.

.. Respondents .....

Mr. Kunal Bhanage a/w Vasim Siddiqui i/b Akshay Pawar for the appellant Mr. Karl Tamboly a/w Ms. Naziya Khan and Mr. Nipeksh Jain i/b Wadia Ghandy & Co. for the respondent no.1 .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 4th SEPTEMBER, 2023 P.C.

1.

Learned Counsel for the appellant, on instructions, seeks to withdraw the appeal.

2.

The appeal stands disposed of as withdrawn.

19-751-2019-FA=.doc 3.

In view of the disposal of the appeal, the civil application does not survive and the same is also disposed of. 4.

Learned Counsel points towards Order 7 Rule 13 of the Code of Civil Procedure.

5.

Upon presenting such a plaint the same shall be decided on its own merits.

(PRITHVIRAJ K. CHAVAN, J.)