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Bombay High CourtSA/42/2019

Abdul Hakim Abdul Samad Shaikh And ORS. v. Firoj Siraj Khan And ORS.

2018-12-10Hon'Ble Smt. Justice Anuja Prabhudessai1 pages

P.H. Jayani 35 SAST30869.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST.) NO. 30869 OF 2018 WITH CIVIL APPLICATION NO. 1558 OF 2018 IN SECOND APPEAL (ST.) NO. 30869 OF 2018 Abdul Hakim Abdul Samad Shaikh & Ors.

....Appellants V/s.

Firoj Siraj Khan & Ors.

....Respondents Mr. Harpreet Singh Purewal I/b. Mr. Datta H. Pawar for the appellants. None for the respondents.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 10TH DECEMBER, 2018.

P.C.:

.

Mr. Harpreet Purewal, learned counsel for the appellants submits that due to inadvertence, the appellant has challenged the rejection of Miscellaneous Civil Appeal in Second Appeal instead of filing a Writ Petition. He, therefore, seeks leave to withdraw the Appeal with liberty to file a Writ Petition.

2.

Leave with liberty is granted. Second Appeal is dismissed as withdrawn. Civil Application No.1558 of 2018 stands disposed of in view of dismissal of the appeal.

(SMT. ANUJA PRABHUDESSAI, J.) 1/1