Indra Sen Ram And ORS. v. B.M.C. And ORS. And Anwar Ali S/O Lulla Jumman (Applicant)

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2023.09.29 11:27:10 +0530 PRAJAKTA SAGAR VARTAK 1-nmw 544-18 in wp 1444-91.odt Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 544 OF 2018 IN WRIT PETITION NO. 1444 OF 1991 Anwar Ali S/o. Jumman Ali Shaikh ..Applicant In the matter of Indrasen Ram & Ors.

..Petitioners

Versus

M.C.G.M. & Ors.

..Respondents __________ Mr. Aseem Naphade with Mr. Vikas Kumbhar, and Mr. Prakash Nichani i/b. Mr. Sahil Mahajan for Applicant.

Mr. Sagar Patil for MCGM.

__________ CORAM :

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE :

SEPTEMBER 27, 2023 P.C.:

1.

This motion, which has been filed praying for restoration of the petition which came to be dismissed by an order dated 06 September, 2004, is permitted to be withdrawn with liberty to the applicant to pursue appropriate proceedings, as learned counsel for the applicant states that a fresh cause of action in 2018 has accrued to the applicant. All contentions of the parties are kept open.

2.

Disposed of as withdrawn. No costs.

[JITENDRA JAIN, J.] [G. S. KULKARNI, J.] ------------------------- 27 September, 2023