Magnum Constructions Through Its Proprietor Shri. Shailesh Ramniklal Shah And ANR v. Sou. Geeta N. Shah Through Poh Shri. Apurva N Shah

21.cra.1095.14.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 1095 OF 2014 Magnum Constructions and another .. Petitioners Vs.

Sou.Geeta N.Shah .. Respondent Mr.Dilip Bodake, Advocate for the Petitioners. Mr.Sahil Mahajan, Advocate for the Respondent. CORAM :

R. G. KETKAR, J.

DATE : 21st JULY, 2015 P.C. :

.

Heard Mr.Dilip Bodake, learned Counsel for the petitioners and Mr.Sahil Mahajan, learned Counsel for the respondent at length.

2.

By this Application under Section 115 of the Code of Civil Procedure, 1908 (for short 'C.P.C.'), original defendants have challenged the judgment and order dated 17/11/2014 passed by the learned Civil Judge, Junior division, Khalapur below Exhibit 19 in Regular Civil Suit No. 216 of 2012. By that order, the learned trial Judge rejected the application filed by defendants under Section 9-A of C.P.C. for dismissing the plaint on the ground of jurisdiction of the Civil Court to deal with Suit for specific performance of contract. 3.

After arguing the Application for quite some time, 1/2

21.cra.1095.14.doc Mr.Bodke seeks permission to withdraw application at Exhibit 19 as also this Civil Revision Application with liberty to take out a fresh application giving all details.

4.

In view thereof, on the motion made by Mr.Bodke, application at Exhibit 19 as also this Civil Revision Application are allowed to be withdrawn with liberty as prayed for. Grant of liberty shall not be construed as expression on merits of the case. All the contentions of the parties are expressly kept open. Order accordingly.

(R. G. KETKAR, J.) 2/2