Kantilal Dharshi Shah v. Jayesh Jayant Shah

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2021.08.18 16:56:33 +0530 12 APP 30 OF 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.30 OF 2021 IN NOTICE OF MOTION NO.22 2 OF 2018 IN TPACL NO.259 OF 2018 IN TESTAMENTARY PETITION NO.816 OF 2015 Kantilal Dharshi Shah ...

Appellant

Versus

Jayesh Jayant Shah ...

Respondent Mr. Karl Tamboly with Ms. Chandra Naik, Ms. Chaitali Gosavi, for Appellant. Mr. Ankit Lohia with Ms. Aditi Bhat i/by Mr. Rajiv Jadhav, for Respondent. CORAM: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE:

th AUGUST, 2021 P.C.:

1.

The learned Advocate for the Appellant seeks to withdraw the above Appeal with liberty to file a review petition before the learned Single Judge if so advised. The Appeal is therefore disposed of as withdrawn with liberty as sought. However, it is clarified that the Learned Single Judge will decide the review petition strictly on merits and all contentions of the parties including the issue of maintainability are kept open.

( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 1/1