Piyoneer Plastics v. Shree Swami Samarth Developers And Builders Proprietor Sau. Jyoti Deepak Patil And ORS

1.cra 236.15.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 236 OF 2015 Piyoneer Plastics ...

Applicant Vs.

Shree Swami Samarth Developers & Builders and others ...

Respondents Mr.V.S.Gokhale, Advocate for the Applicant.

Mr.Abhijit M.Adagul, Advocate for Respondents. CORAM :

R.G.KETKAR, J.

DATE : 17th NOVEMBER, 2015 P.C. :

.

Heard Mr.V.S.Gokhale, learned Counsel for the applicant and Mr.Abhijit M.Adagul, learned Counsel for the respondents. 2.

By this Application under Section 115 of the Code of Civil Procedure, 1908 (for short 'C.P.C.'), original defendant has challenged the judgment and order dated 03/02/2015 passed by the learned Civil Judge, Junior Division, Kagal below Exhibit 13 in Regular Civil Suit No. 104 of 2014. By that order, the learned trial Judge rejected the application filed by the applicant under Section 9A of C.P.C.

3.

Mr.Gokhale seeks permission to withdraw this Civil Revision Application with liberty to file a fresh application as the application filed at Exhibit 13 was not giving details/particulars as to 1/2

1.cra 236.15.doc why the Court of Civil Judge, Junior Division does not have pecuniary jurisdiction.

4.

On the motion made by Mr.Gokhale, Application is allowed to be withdrawn with liberty as prayed for. If such application is taken out, the same shall be decided in accordance with law and on its own merits. Order accordingly. (R.G.KETKAR, J.) 2/2