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Bombay High CourtAO/165/2018dismissed

Umeshnath Bansaraj Dube v. The Mumicipal Corporation Of Greater Mumbai

2018-04-12Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

903 ao 165-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 165 OF 2018 WITH CAA/224/2018 IN AO/165/2018 WITH CAA/225/2018 IN AO/165/2018 Umeshnath Bansaraj Dube ..Appellant v/s.

The Municipal Corporation of Gr. Mumbai & Ors.

..Respondents Mr. A.G.Damle, Sr. Adv. i/b. K.M.Damle for the Appellant Ms. Madhuri More for the Respondent Nos.1 and 2. Mr. Piyush Raheja i/b. M.B.Nayak for the applicant in CAA 225/18. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 12 APRIL, 2018.

P.C.

1.

In the course of the hearing, Shri Damle, the learned Sr. Counsel for the appellant submits that the appellant has come across some additional documents, which he wants to produce before the trial court alongwith additional affidavit. He undertakes to furnish copy of the additional documents to the respondent Corporation and pps

903 ao 165-18.doc to the intervenor.

2.

In view of the above, he seeks leave to withdraw this appeal with liberty to file additional affidavit and documents before the trial court. Leave with liberty granted. Appeal is dismissed as withdrawn.

3.

With consent of the parties, ad-interim order granted by this court shall continue till the disposal of the notice of motion. The parties undertake to complete the pleadings within three weeks. 4.

The learned trial Judge to endeavor to dispose of the notice of motion within six weeks from the date of completion of the pleadings.

5.

In view of dismissal of the appeal both civil applications do not survive and are accordingly disposed of.

(ANUJA PRABHUDESSAI, J.) pps