Mr. Manilal H. Shah v. Smt. Pramila Dattakumar Deorukhar And ORS

osk 11-wp-10121-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10121 OF 2019 WITH INTERIM APPLICATION NO. 01 OF 2019 Manilal H. Shah ...

Petitioner V/s.

Smt. Pramila Dattakumar Deorukhar & Ors.

...

Respondents ----- Ms.C.S. Savithri for Petitioner.

Mr.Sanjay Jain a/w. Mr.Ankit Lohia and Ms.Mansi Shah i/b. Pravin Mehta & Mithi & Co. for Respondents.

CORAM : A.S. GADKARI, J.

DATE : 21st January 2020.

P.C. :

1] Mr.Jain, learned counsel appearing for the respondents, at the outset, raised a preliminary objection and submitted that, against the impugned Order dated 25th June 2019 passed by the Appellate Bench of the Small Causes Court, a substantive revision is maintainable and the present Petition has been erroneously filed by the petitioner.

2] Facing with the said difficulty, the learned counsel appearing for the petitioner, on instructions, seeks leave to withdraw the present Petition with liberty to file a substantive revision, as per the provisions of law. Leave and liberty granted.

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osk 11-wp-10121-2019.odt 3] Petition is disposed off as withdrawn.

4] In view of disposal of the Petition, Interim Application No.01 of 2019 does not survive and is accordingly disposed off. 5] Till 15th February 2020, the respondents shall not proceed with the execution proceedings initiated by them.

[A.S. GADKARI, J.] 2/2