Pratik Industrial Estate Co-Operative Society Ltd. v. Ramesh Harakchand Arora

46-ao-179-2018 with ca.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 179 OF 2018 WITH CIVIL APPLICATION NO. 244 OF 2018 Pratik Industrial Estate Co-operative Society Ltd. ... Appellant/ Applicant.

Versus

Ramesh Harakchand Arora (deceased) and Ors.

... Respondents.

- - - - - - - Mr. J. S. Kini a/w Ms. Sapna Krishnappa for the Appellant. Mr. Kevin Chettiar for Respondents.

- - - - - - - CORAM : A. S. GADKARI, J.

DATE : 6th FEBRUARY, 2020 P. C. :

1.

Learned counsel for the appellant, on instructions, does not press the present appeal and seeks leave to withdraw the same. Leave granted.

2.

Appeal is disposed off as withdrawn.

3.

The suit filed is of the year 2013 and is pending for final adjudication.

In view thereof, learned Judge, City Civil Court, Mumbai seized of S.C. Suit No. 640 of 2013 is hereby requested to expedite the hearing of the said suit and to conclude the same within a period of 15 months from the date of receipt of the present Order. 1/2

46-ao-179-2018 with ca.doc 4.

The Trial Court shall decide the said suit on its own merits without being influenced by the disposal of the present Appeal preferred by the appellant.

5.

All contentions of both the parties are expressly kept open. 6.

In view of the disposal of Appeal, Civil Application No. 244 of 2018 does not survive and is accordingly disposed off. 7.

All the concerned to act on authenticated copy of this Order. (A. S. GADKARI, J.) 2/2