Dolly Keiki Mistry And ANR. v. Hoshang Dadiba Malesra And ORS.

504-cac-17-2019.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.17 OF 2019 IN CIVIL REVISION APPLICATION NO.433 OF 2012 Dolly Keiki Mistry and another.

] Applicants

IN THE MATTER BETWEEN:

Hoshang Dadiba Malesra and others.

] Applicants Vs.

Dolly Keiki Mistry and another.

] Respondents .....

Ms. F. D. Contractor, learned Counsel for the Applicants. .....

CORAM : R.G. KETKAR, J.

DATE : 15TH MARCH, 2019.

P.C.

Not on board. At the request of Ms. Contractor, taken up in the production board.

2.

Heard Ms. Contractor, learned Counsel for the applicants. 3.

This is an application for seeking permission to install roofs over the windows to prevent water creeping into the walls as also to carry out repairs to the roof.

504-cac-17-2019.odt 4.

After arguing the application for quite some time, Ms. Contractor seeks permission to withdraw the application with liberty to approach the trial Court.

5.

In view thereof, on the motion made by Ms. Contractor, application is allowed to be withdrawn and as such is disposed of reserving liberty to the applicants to approach the trial Court. It is made clear that I have not examined merits of the application. All contentions of the parties on merits are expressly kept open. If the application is filed within three weeks from today, the learned trial Judge is requested to dispose of the application as expeditiously as possible and in any case, on or before 30th April, 2019. Order accordingly.

[R.G. KETKAR, J.]