Nelson Francis Bugri And ORS v. Khalil Ahmed Khan S/O Abdul Gaffar Khan And ORS

44-WP-1319-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1319 OF 2025 Nelson Francis Bugri & Ors.

...Petitioners

Versus

Khalil Ahmed Khan s/o. Abdul Gaffar Khan & Ors.

...Respondents

Digitally signed by SONALI MILIND PATIL Date:

2025.04.29 09:52:02 +0530 SONALI MILIND PATIL Mr. R. P. Ojha a/w. Mr. Ankit Ojha, for the Petitioners. Mr. Pradeep J. Thorat i/b. Ms. Aditi S. Naikare, for the Respondent No.1.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

28th APRIL 2025 P. C.:

1.

Heard Mr. Ojha, learned Counsel appearing for the Petitioners and Mr. Thorat, learned Counsel appearing for the Respondent No.1.

2.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 18th December 2024 passed by the learned Judge, Small Causes Court, Mumbai below Exhibit-103 in R.A.E. Suit No.757 of 2005. By the impugned order, no-cross order passed Sonali

44-WP-1319-2025.DOC against the Respondents i.e. Defendants on 12th November 2024 is set aside.

3.

After arguing the Writ Petition for some time, Mr. Ojha, learned Counsel fairly states that he will not press the challenge to the impugned order dated 18th December 2024 and he seeks withdrawal of the Writ Petition. However, he states that the suit is of the year 2005, hearing of the suit be expedited. He states that one of the ground in the suit filed in the year 2005 is bona fide requirement.

4.

Accordingly, the Writ Petition is allowed to be withdrawn and disposed of as such. However, in the facts and circumstances of this case, the learned Judge, Small Causes Court, Mumbai is requested to expeditiously dispose of the said R.A.E. Suit No.757 of 2005 within a period of one year from today.

[MADHAV J. JAMDAR, J.] Sonali