Shri. Mohanlal Ghanshamdas Kukreja (Org. Resp. In Cra) And ANR. v. M/S. New Great Transport Co. (Org. Appl. In Cra) And ANR.

8.511.15-cac

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 511/2015 IN CIVIL REVISION APPLICATION NO.694/2013 IN APPEAL NO.640/2005 IN RAE SUIT NO.3417/1986 New Great Transport Co. & Anr.

...Applicants/ original defendants Nos.1 and 2.

V/s.

Mohanlal Ghanshamdas Kukreja & Ors.

...Respondents/

original plaintiff Mrs. R. R. Khosla a/w. Mr. Prakash Ganwani for the Applicant None for the Respondent.

CORAM:

K.K. TATED, J.

DATED :

MAY 3, 2016 P.C. :

1.

Heard the learned counsel for the applicant. This application is made by the plaintiff for fixing monthly compensation in respect of the suit premises @ Rs.17400/- pm.

2.

The learned counsel for the applicant submits that during pendency of the Civil Revision Application, they took possession of the suit premises by following due process of law on 05.02.2014. He Basavraj G Patil 1/2

8.511.15-cac submits that in view of these facts, the applicant may be permitted to withdraw the civil application with liberty to file an appropriate application before the trial court for mesne profits. To that effect, he made an endorsement on farad. Same is taken on record and marked "X" for identification.

3.

Hence, the civil application stands dismissed as withdrawn with liberty as prayed for.

(K.K. TATED, J.) Basavraj G Patil 2/2