Joseph Barthol D039 Souza And Other v. Atit Deven Shah And Others

903. AO-509-25 IA 11654-25.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 509 OF 2025 WITH INTERIM APPLICATION NO. 11654 OF 2025 Joseph Barthol D'Souza & Anr.

.. Appellants

Versus

Atit Devan Shah & Ors.

.. Respondents ....................

 Ms. Vrushali Maindad, Advocate for Appellants  Mr. Yuvraj Narvankar a/w Ms. R. Shaikh & Ms. Radhika Kurdukar, Advocate for Respondents ...................

CORAM : MILIND N. JADHAV, J.

DATE : SEPTEMBER 18, 2025 P. C.

:

1.

Heard.

2.

Ms. Maindad, learned Advocate for Appellants has placed on record communication in the form of WhatsApp messages depicting order passed below Exh. 1 in Special Civil Suit No. 602/2012. She would submit that both Suits and Counter-Claim of Defendant Nos. 1 and 2 have been disposed of as withdrawn and in that view of the matter challenge to the interlocutory order therein in the present proceedings does not survive and the present proceedings have become infructuous. Said communication is taken on record and marked "X" for identification.

903. AO-509-25 IA 11654-25.docx 3.

In view of the above, Appeal from Order is disposed as withdrawn. Interim Application is also disposed. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.09.18 19:42:03 +0530 RAVINDRA MOHAN AMBERKAR