Fazal Mohd. Aziuzul Haque Chowdhry v. Municipal Corporation Of Greater Mumbai And ANR

14.AO228_2016.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 228 OF 2016 WITH CIVIL APPLICATION No. 307 OF 2016 IN A.O. NO. 228 OF 2016 Fazal Mohd. Azizul Haque Chowdhry ... Appellant/ Applicant Vs.

Municipal Corporation of Greater Mumbai & Anr.

... Respondents Mr. V.A. Thorat, Senior Advocate a/w. Mr. A.R.Pande, Advocate for the appellant/applicant.

Mrs. M.R. Bhoir, Advocate for the respondent/Corporation. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 20th February, 2018.

P.C.:

The learned senior counsel for the appellant submitted that during the pendency of this Appeal from Order, the Assistant Municipal Commissioner has passed an order dated 18th August, 2016 and that order is not challenged in the main suit and it is required to be challenged. Hence he seeks permission to withdraw this Appeal from Order. The learned senior counsel submitted that the appellant will file a fresh suit challenging the said order within two weeks and withdraw the present suit .

2.

The learned counsel for the applicant is allowed to withdraw this Appeal from Order.

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14.AO228_2016.doc 3.

Appeal from Order is dismissed as withdrawn. Civil Application is also accordingly disposed of.

(MRIDULA BHATKAR, J.) 2 / 2