In a civil appellate writ petition, the Bombay High Court granted leave to withdraw an application filed in the trial court and dismissed the writ petition along with the pending civil application.
Writ petition dismissed; civil application dismissed; ad-interim orders vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1218 OF 2007
Javed Abdul Gaffar Ustad & Ors. .. Petitioners
Versus
Smt.Minakshi Ratilal Gandhi & Ors..Respondents
Mr.A.N.Maniyar for petitioners
Mr.Pankaj Das for respondents.
CORAM :S.C.DHARMADHIKARI, J.
DATE:6th December 2007
P.C.
.After the matter was heard for some time,
Mr.Maniyar learned Advocate appearing for
petitioner seeks leave to withdraw the
application filed on 10th January 2007 by the
2
petitioner before the Trial Court for impleading
themselves as party defendants to the suit in
place of deceased defendant No.9, with liberty to
file proper application setting out all details
and particulars.
2.Leave granted. Application is allowed to
be withdrawn with liberty as above. In the light
of the withdrawal of the application before the
trial court, nothing survives in the petition and
the same is dismissed accordingly. Since
petition itself is dismissed the civil
application also accordingly stands dismissed.
Ad-interim orders, if any, to stand vacated
forthwith. No costs. All contentions of both
sides are expressly kept open.
(S.C.Dharmadhikari, J)
Javed Abdul Gaffar Ustad & Ors.
Smt. Minakshi Ratilal Gandhi & Ors.
S.C. Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court