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Bombay High CourtNMT/131/2016withdrawn

Nanak S Ghatalia v. Harshad F. Sheth And 2 ORS.

2016-10-10Hon'Ble Shri Justice G.S. Patel3 pages

SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 131 OF 2016 IN MISCELLANEOUS PETITION NO. 70 OF 2015 IN TESTAMENTARY PETITION NO. 815 OF 2009 WITH MISCELLANEOUS PETITION NO. 70 OF 2015 IN TESTAMENTARY PETITION NO. 815 OF 2009 WITH TESTAMENTARY PETITION NO. 815 OF 2009 WITH CHAMBER SUMMONS NO. 72 OF 2014 WITH MISCELLANEOUS PETITION NO. 119 OF 2015 WITH NOTICE OF MOTION NO. 132 OF 2016 WITH CHAMBER SUMMONS (L) NO. 78 OF 2016 Nanak S. Ghatalia

...Petitioner

Versus

Harshad F. Sheth & 2 Ors.

...Respondents

Mr. Nanak S. Ghatalia, Petitioner in person, present. Mr. A. Davar, i/b Mr. Ravindra R. Chile, for the Applicant in

NMS/131/16 and for the Respondent Nos.1 & 2.

Mr. Rohaan Cama, i/b Sapna Rachure, for the Respondent No. 3. CORAM: G.S. PATEL, J DATED:

PC:- A.NOTICE OF MOTION NO. 131 OF 2016 1.

After some arguments, Mr. Davar on behalf of the Applicants/Respondents Nos. 1 and 2 seeks to withdraw Notice of Motion No. 131 of 2016. The Notice of Motion is dismissed as withdrawn with liberty to the Applicant to adopt such proceedings as are available to him in law.

2.

Mr. Ghatalia, appearing pro se, presses for costs of this Notice of Motion. The question of costs payable is left open and will be taken up along with the final order on Miscellaneous Petition No. 70 of 2015.

3.

I will now proceed with the hearing of that Miscellaneous Petition.

B.MISCELLANEOUS PETITION NO. 70 OF 2015 4.

The matter is part heard along with Chamber Summons No. 72 of 2014, Miscellaneous Petition No. 119 of 2015, Notice of Motion No. 132 of 2016 and Chamber Summons (L) No. 78 of 2016. 5.

List these matters for directions on 27th October 2016 for fixing the next date of hearing.

(G. S. PATEL, J.)