Christopher J Baptista v. Mavis Baptista And 5 ORS

5-S-322-17.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 322 OF 2017 WITH NOTICE OF MOTION NO. 986 OF 2017 WITH INTERIM APPLICATION NO. 753 OF 2019 Christopher J. Baptista ...Plaintiff

Versus

Mavis Baptista & Ors.

...Defendants WITH LEAVE PETITION NO. 126 OF 2017 WITH CHAMBER SUMMONS NO.266 OF 2019 WITH SUIT NO. 322 OF 2017 ---------- Mr. D.R. Mishra i/by Mr. Arun J. Jadhav for the Plaintiff. Mr. Clive D'Souza for the Defendant No. 2.

Mr. Hitesh Anil Thorat a/w Ms. Saniya Khan i/by Seed Akhtar for the Defendant Nos.3 to 5.

---------- CORAM : R.I. CHAGLA J SHARAYU PANDURANG KHOT DATE :

2 May 2022 by SHARAYU PANDURANG KHOT Date:

2022.05.05 17:23:38 +0530 ORDER :

1.

Learned Counsel appearing for the Plaintiff has 1/2

5-S-322-17.doc sought leave to withdraw the Suit No. 322 of 2017 unconditionally.

2.

Accordingly, Suit No. 322 of 2017 is disposed of as withdrawn.

3.

In view of disposal of the Suit, Notice of Motion No. 986 of 2017, Interim Application No. 753 of 2019, Leave Petition No. 126 of 2017 and Chamber Summons No. 266 of 2019 do not survive and accordingly, disposed of. 4.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certifcate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

[R.I. CHAGLA J.] 2/2