Karmarkar Associates And Another v. Vaibhav Co-Op. Housing Society Limited

19-ao-42-2025-ia-481-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 42 OF 2025 WITH INTERIM APPLICATION NO. 481 OF 2025 IN APPEAL FROM ORDER NO. 42 OF 2025 Karmarkar Associates and Anr ... Appellants/Applicants vs.

Vaibhav Co-op. Housing Society Ltd ... Respondent Mr. Pradeep Tiwari for Appellants/Applicants. Ms. Vishaki Bhatia for Respondent.

CORAM : GAURI GODSE, J.

DATED : 17th JANUARY 2025 ORDER:

1.

Learned counsel for the respondent submits that the main notice of motion is kept for filing reply tomorrow i.e. on 18th January 2025. She submits that the respondent would file a reply to the notice of motion tomorrow i.e. on 18th January 2025. The appeal from order arises out of the rejection of ad interim relief by the City Civil Court on 27th September 2024.

2.

Learned counsel for the appellants seeks leave to withdraw Page no. 1 of 2

19-ao-42-2025-ia-481-2025.doc this appeal with liberty to argue the notice of motion. Leave granted with liberty as prayed.

3.

The appeal from order is disposed of as withdrawn with the aforesaid liberty as prayed.

4.

It is clarified that this court has not examined the rival contentions of the parties on merits and hence, all contentions of all parties are kept open.

5.

The main notice of motion to be decided uninfluenced by this court.

6.

In view of disposal of appeal from order, the pending interim application is disposed of as infructuous.

7.

Learned advocate for the respondent is at liberty to file Vakalatnama.

(GAURI GODSE, J.) Page no. 2 of 2