Kamran Imran Shaikh v. The Municipal Corporation Of Greater Mumbai And ANR

56-AO-751-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 751 OF 2024 rrpillai WITH INTERIM APPLICATION NO. 14142 OF 2024 Kamran Imran Shaikh ...

Appellant/Applicant Vs.

The Municipal Corporation of ...

Respondents Greater Mumbai and Another Mr. Rajesh Kachare a/w. Mr. P. G. Sawant for the Appellant/Applicant.

Mr. Om Suryavanshi for the Respondent-BMC.

CORAM : GAURI GODSE, J.

DATE :

6th JANUARY 2025 ORDER :

1.

Learned counsel for the appellant submits that the appellant's have discovered some old document which would support the appellant's contention regarding existence of the suit property since prior to the datum line. He therefore seeks leave to withdraw the appeal from order with liberty to file appropriate application before the City Civil Court under Rule 4 of Order XXXIX of the Civil Procedure Code, 1908. Leave granted with liberty as prayed. 2.

Needless to record that the appellant would also be at liberty by RAJESHWARI RAMESH PILLAI Date:

2025.01.07 22:55:12 +0200 to file appropriate application for amending the plaint, if necessary.. RAJESHWARI RAMESH PILLAI 1/2

56-AO-751-2024.docx If such application is filed, same to be decided on its own merits uninfluenced by this order.

3.

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

4.

Appeal from order is disposed of as withdrawn with liberty as recorded above.

5.

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

[GAURI GODSE, J.] 2/2