Mr. Ashwin Kantibhai Mistry v. The Municipal Corporation Of Greater Mumbai

SIDDHARAM MASHAL Date: 2023.01.25 16:00:30 +0530 IRESH SIDDHARAM MASHAL 502.1126.22 ao Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1126 OF 2022 IN NOTICE OF MOTION NO. 3693 OF 2022 IN L.C. SUIT NO. 944 OF 2020 WITH INTERIM APPLICATION NO. 30099 OF 2022 IN APPEAL FROM ORDER NO. 1126 OF 2022 IN NOTICE OF MOTION NO. 2448 OF 2022 IN L.C. SUIT NO. 944 OF 2020 Ashwin Kantibhai Mistry and another ... Appellants

Versus

The Municipal Corporation of Greater Bombay and others

...Respondents

Mr. Kezer Kharwal, Mr. Prodosh Patil i/b Lex Juris for the Appellants.

Mr. Shailendra Mishra ii/b Mr. Sharad Rai for Respondents Nos. 3.

Mr. R. Y. Sirsikar for MCGM.

_______________________

CORAM:

G. S. KULKARNI, J.

DATED:

JANUARY 23, 2023 _______________________ P.C.

1.

Not on board. Upon mentioning taken on board on a praecipe as moved on behalf of the appellants/applicants. 2.

After appeal was heard for some time, learned counsel for the appellant on instructions of appellant who is present in ------------------------- 23 January 2023

502.1126.22 ao the court seeks leave to withdraw the appeal with liberty to file appropriate application in the pending suit.

3.

Appeal is allowed to be withdrawn as prayed for. All contentions are expressly kept open.

4.

Ad-interim relief granted earlier shall stand vacated forthwith.

5.

Interim application will not survive. Same is disposed of accordingly.

(G. S. KULKARNI, J) ------------------------- 23 January 2023