Mahim Causeway Macchimar Co-Op. Hsg. Society Ltd. v. Vasant Rambhau Tare And ORS.

902 exa91-10 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.91 OF 2010 WITH CHAMBER SUMMONS NO.613 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Avinash Joshi a/w Mr.Kailash R. Tiwari for the applicant in Execution Application Ms.Sandhya Nanavare for the Society Mr.R.P.Lote for the applicant no.2 in Chamber Summons Mr.S.A.Sawant i/b Mr.S.C.Prabhu for the applicant no.1 in Chamber Summons CORAM : K. K. TATED, J.

DATE : OCTOBER 5, 2017 P.C.:

1.

Heard the learned counsel for the parties.

2.

Advocate for the applicant in Execution Application submits that he received instruction from his client to withdraw the present Execution Application with liberty to file appropriate proceeding. To that effect, he has given in writing. Same is taken on record and marked 'X' for identification. Same is accepted.

Mohite 1/2

902 exa91-10 3.

Execution Application stands disposed of as withdrawn with liberty to take out appropriate proceeding for same cause of action for his rights in respect of the possession of the suit property. 4.

All contentions of both the parties are kept open including limitation period.

5.

In view of disposal of Execution Application, pending proceeding including Chamber Summons stands disposed of.

7.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2