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Bombay High CourtAO/10/2019

Rev. Father Joseph Praxedes Pereira (Thr.Cao.1 To 7)M/S.Conwood Agencies Pvt.Ltd. And ORS v. J-24, Mahavir Nagar Co-Operative Housing Society Limited Thr. Its Secretary

2019-02-26Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 53_AO_10_2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.10 OF 2019 WITH CIVIL APPLICATION NO.11 OF 2019 IN APPEAL FROM ORDER NO.10 OF 2019 Rev. Father Joseph Praxedes Pereira and Ors.

...Appellants

Versus

J-24 Mahavir Nagar Co-operative Housing Society Ltd.

...Respondent

.....

Mr. Milind Gyani for the Appellants.

Mr. Vaibhav Sugdare with Mr. M. Bhatt I/b. M/s. M.V. Law Partners for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE: 26th FEBRUARY, 2019.

P.C.:- The learned counsel for the Appellant, after arguing the matter for some while seeks leave to withdraw the appeal. He further submits that considering the nature of the dispute, directions may be given to the Trial Court to dispose of the notice of motion expeditiously.

2.

In the light of above statement, the appeal is dismissed as withdrawn. Parties are directed to complete their pleadings in the Megha 1/2

Megha 53_AO_10_2019.doc Notice of Motion No.2887 of 2018 filed in S.C. Suit No.2370 of 2018 within a period of three weeks. The learned Judge to dispose of the notice of motion within a period of four weeks thereafter. Both parties are directed to appear before the Trial Court on 7.3.2019 at 2.45 p.m. 3.

In view of withdrawal of the appeal from order, the civil application does not survive and hence stands disposed of. (SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2