Suresh Damji Shah vs. Buddha Co-Operative Housing Society Limited

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN AO STAMP NO. 14060 OF 2018 In APPEAL FROM ORDER STAMP NO. 14057 OF 2018 Mr. Suresh Damji Shah And Anr ....Applicant V/S Buddha Co-operative Housing Society Limited And Ors ....Respondent WITH CIVIL APPLICATION IN AO STAMP NO. 14058 OF 2018 In APPEAL FROM ORDER LODGING NO . 14057 OF 2018 Mr. Suresh Damji Shah And Anr ....Applicant V/S Buddha Co-operative Housing Society Limited And Ors ....Respondent Mr Swanand Ganoo a/w Mr Amit Mehta i/b Mahimtura And Company For Applicant Mr Vijay Thorat Sr Adv a/w Mr Vaibhav Sugdare i/b chitnis & Co. for Resp NO.1 Mr Sanjay Jain a/w Mr Jigar Dedhia i/b L.D. shah and Co for Resp NO.4 CORAM : V.M. DESHPANDE, J DATE : 16th July, 2018 P.C. : By consent, Stand Over to 30/07/2018. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN AO STAMP NO. 14060 OF 2018 In APPEAL FROM ORDER STAMP NO. 14057 OF 2018 Mr. Suresh Damji Shah And Anr ....Applicant V/S Buddha Co-operative Housing Society Limited And Ors ....Respondent WITH CIVIL APPLICATION IN AO STAMP NO. 14058 OF 2018 In APPEAL FROM ORDER LODGING NO . 14057 OF 2018 Mr. Suresh Damji Shah And Anr ....Applicant V/S Buddha Co-operative Housing Society Limited And Ors ....Respondent Mr.Swanand Ganoo i/by Mahimtura And Company For Applicant. Mr.Vijaysinh A.Thorat,Sr.Counsel a/w Vaibhav Sugdare i/by L.D.Shah & Co.,For R.No.4. Mr.Sanjay Jain i/by Chitnis & Co., For R.No.1. Mr.Preet Chheda, For R.No.2, 3a and 3b. CORAM : A.S. CHANDURKAR, J DATE : 11th December, 2018 P.C. : At the request of learned advocate for the applicant, Stand over to 11.01.2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application (ST) No. 14060/2018 with Appeal from Order (ST) No. 14057/2018 with Civil Application (ST) No. 14058/2018 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Amit Mehta I/b. Mahimtura & Co. for the Applicant Mr. Bhavin Gada with Jigar Dedhia I/b L.D. Shah & Co. for Respondent No.4. Mr. Vaibhav Sugdhare I/b. Chitnis & Co. for the Respondent CORAM : K.K.TATED, J. DATED : APRIL 12, 2019 P.C. Heard. The learned counsel for the Appellant submits that the Respondents raised a preliminary objection about the maintainability of the Appeal from Order in view of the judgment of this court in the matter of Bholeshankar Awas Gruha Nirman Sahakari Sanstha Maryadit Nagpur Vs. Omprakash s/o. Dwarkaprasad Malviya & Ors. 2008 (5) Mh.L.J. 952. He submits that in view of the said judgment, the Appellant may be permitted to withdraw the present proceedings with liberty to file afresh for the same cause of action. To that effect he has given in writing. Same is taken on record and marked "X" for identification. 2 The Civil Application and the Appeal from Order stand disposed of as withdrawn with liberty as prayed for. 3 No order as to costs. (K.K.TATED, J.)