Mr. Salvodor Michel Dias v. Mrs. Elijabeth Anthony Dias And Another

1 7-AO-637-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 637 OF 2024 WITH INTERIM APPLICATION NO. 12383 OF 2024 Mr. Salvodor Michel Dias ... Appellant

Versus

Mrs. Elijabeth Anthony Dias And Another

...Respondent

**** Mr. Harshal Mirashi for the Appellant.

**** SNEHA NITIN CHAVAN CORAM :

M.M. SATHAYE, J.

DATE :

25th NOVEMBER 2024 SNEHA NITIN CHAVAN Date: 2024.11.25 18:23:26 +0530 P.C. :

1.

Heard learned counsel for the Appellant.

2.

The impugned order rejects Chamber Summons taken out for impleading a party in the suit. Apparently, the impugned order is passed under Order I Rule 10 of Code of Civil Procedure, 1908 ('CPC') which is not appealable under Order XXXXIII of the CPC. In that view of the matter, Appeal from Order is not maintainable. 3.

At the request of learned counsel for the Appellant, the Appeal from Order as well as pending interim application are permitted to be withdrawn, with liberty to file appropriate proceedings as permitted under the law.

(M.M. SATHAYE, J.) Sneha Chavan 1/1