Priyanka Dhiraj Mahangade And ANR v. M/S New Polycare Hospital Thr. Its Partners Mohsin N. Pathan And ANR

36-ia-2728-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2728 OF 2025 IN CIVIL REVISION APPLICATION (ST.) NO.2743 OF 2025 VISHAL SUBHASH PAREKAR Dr. Priyanka Dhiraj Mahangade and Anr.

...Applicants vs.

M/s. New Polycare Hospital and Anr.

...Respondents

VISHAL SUBHASH PAREKAR Date: 2025.02.28 14:20:22 +0530 Mr. Saurabh Butala, for the Applicants.

CORAM :

N. J. JAMADAR, J.

DATE :

FEBRUARY 26, 2025 P.C:

1.

Heard the learned counsel for the applicants. 2.

This application is preferred seeking condonation of delay in filing revision against an order passed by the learned Civil Judge, Thane on 26th April, 2022 whereby an application preferred by the applicants for rejection of the plaint in view of the bar contained in section 69 of the Indian Partnership Act, 1932 came to be rejected. 3.

The learned counsel for the applicants, on instruction, seeks leave to withdraw the application and the revision application with liberty to raise all the contentions in the suit. 4.

Leave granted.

5.

All contentions raised in the application for the rejection of the plaint are kept open for adjudication at the final disposal of the suit.

6.

The learned Civil Judge shall not be influenced by the observations in the impugned order.

(N. J. JAMADAR, J.) Vishal Parekar, PS ...1