Pankajbhai S/O. Late Shri. Shantilal Joshi v. Rashes S/O. Late Shri. Harilal Joshi And ORS

Rane 1/2 sr.24-AO-947-2019 30.9.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 947 OF 2019 Pankajbhai S/O. Late Shri. Shantilal Joshi .Appellant ...

V/s.

Rashesh S/o. Late Shri.

Harilal Joshi and Ors.

.Respondents ...

* * * * Mr. Ashok Saraogi, Advocate for the appellant.

CORAM : SANDEEP K. SHINDE, J.

(through Video Conference) Wednesday, 30 th September, 2020 .

P.C . :

1.

Heard learned Counsel for the appellant.

2.

The learned trial Court declined ad-interim protection in terms of prayer clause (b) of the draft Notice of Motion in Suit No. 2051/2019; against which, plaintiffs have preferred this Appeal.

Rane 2/2 sr.24-AO-947-2019 30.9.2020 3.

Mr. Saraogi, learned Counsel for the appellant, after arguing the appeal for sometime, on instructions, sought leave to withdraw the appeal and would urge that the trial Court may be directed to hear the Notice of Motion.

4.

Leave granted. Appeal is disposed off as withdrawn.

5.

If application is made by the plaintiffs for expeditious hearing of the Notice of Motion, the trial court shall decide the said application as expeditiously as possible and preferably within two months from today.

Digitally signed by Neeta S.

Sawant Date:

2020.10.01 14:46:24 +0530 Neeta S.

Sawant (SANDEEP K. SHINDE, J.)