Anil Kumar Gupta, Vs Ravi Ashish Land Developers Ltd.

By this Petition under Articles 226 and 227 of the Constitution of India, the petitioner-original plaintiff has challenged the order dated 21.03.2011 passed by the learned Judge, City Civil Court, Dindoshi, Mumbai on preliminary issue in Short Cause Suit No.2789 of 2009. By that order, the learned Trial Judge upheld the objections raised by the respondents as regards jurisdiction of the Civil Court to entertain and try the Suit in view of Section 42 of Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 and ordered return of plaint to the petitioner with liberty to raise such dispute before the High Power Committee, within a period of four weeks from the date of the order.

Mr. Sakhare seeks leave to withdraw this Petition with liberty to prefer Appeal from Order as under Order 43 Rule 1(a) of the Code of Civil Procedure, 1908 as the Appeal lies against the order under Rule 10 of Order 7 returning a plaint for presentation to the proper Court.

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Mr. Sakhare further states that within three weeks from today, the petitioner will file Appeal from Order and in the meantime, the ad-interim order which is operating since 28.04.2011 may be continued.

In view thereof, the Writ Petition is allowed to be withdrawn with liberty to file Appeal from Order within three weeks from today. All contentions in that regard are expressly kept open. Meanwhile, the adinterim order which was in force from 28.04.2011 is continued.

(R. G. KETKAR, J.)

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Minal Parab

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Anil Kumar Gupta, v. Ravi Ashish Land Developers Ltd.