Mihir Kauntey Tanna v. Indira Jitendra Shah

1 42-FA-1233-2023.doc Digitally signed by WAKLE MANOJ JANARDHAN Date:

2024.03.28 09:34:57 +0530 WAKLE MANOJ JANARDHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1233 OF 2023 WITH INTERIM APPLICATION NO.17876 OF 2023 IN FIRST APPEAL NO.1233 OF 2023 Mihir Kauntey Tanna : Appellant Vs.

Indira Jitendra Shah : Respondent ------------ Adv. Malhar Zatakia a/w Adv. Mr. Mujtaba Shaikh i/by Adv. Rajendra Rathod, for the Appellant.

Adv. Yatin R. Shah a/w Adv. Vipul Makuvana & Keyur Adhvaryu, for the Respondent.

------------ CORAM :

KISHORE C. SANT, J.

DATE :

26TH MARCH, 2024 P.C. :

1.

Learned Advocate for the Respondent at the outset submits that this First Appeal is not maintainable. The order under challenge is an order passed granting leave to defend the Suit to the Defendant subject to depositing an amount of Rs.10,79,702/-. He submits that neither decree is passed nor this order is appealable order and thus no First Appeal would lie.

Manoj

2 42-FA-1233-2023.doc 2.

In view of this position Learned Advocate for the Appellant seeks leave to withdraw the Appeal with liberty to file appropriate proceedings.

3.

Leave granted with liberty as prayed for.

4.

Appeal stands disposed of as withdrawn.

5.

Needless to say that, Interim Application stands disposed of. (KISHORE C. SANT, J.) Manoj