Sushila Kisan Ghanekar v. L.C. Marcus Dmello And 18 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.202 OF 2016 WITH NOTICE OF MOTION (L) NO.3150 OF 2015 IN SUIT (L) NO.1202 OF 2015 Sushila Kisan Ghanekar ....Plaintiff V/s.

L.C. Marcus D'mello & Ors.

....Defendants ---- Mr. Pradnyat Chabukswar a/w. Ms. Anam Salmani for the plaintiff. Mr. Sandeep Patil for the defendant no.13 - BMC. ---- CORAM : K.R.SHRIRAM,J DATE : 1st AUGUST, 2016 P.C.:- The counsel for the plaintiff seeks leave to withdraw the suit on the ground that notice under Section 80 of the Code of Civil Procedure was not given to the defendant nos.9 to 17 and 19, with liberty to file a fresh suit after giving the said notice. The suit is allowed to be withdrawn with the liberty as sought.

The registry to permit the plaintiff to use the court fees of Rs.3 lacs which the plaintiff has paid for this suit, in the fresh suit to be instituted by the plaintiff.

Gauri Gaekwad

2/2 23.LPETN-202-2016.doc In view of the above, the plaintiff's request to withdraw the notice of motion bearing lodging no.3150 of 2015 is granted. The notice of motion bearing lodging no.3150 of 2015 is disposed as withdrawn.

Leave Petition filed under Clause 12 is also allowed to be withdrawn and accordingly disposed of.

All parties to act on a copy of this order duly authenticated by the Associate of this Court.

(K.R.SHRIRAM,J) Gauri Gaekwad