ABDUL JABBAR A SHAIKH Vs. KHATIJA F PUNAWALA

JUDGEMENT

(1.) PRESENT petition is arising out of the interlocutory order passed by the learned trial Court. Shri A.B. Munshi, learned advocate appearing on behalf of the petitioner and Shri Parthiv B. Shah, learned advocate appearing on behalf of the contesting respondents have stated at the Bar that main suit being Special Suit No.481/2007 is already withdrawn by the original plaintiff. Therefore, it is requested to permit the petitioner to withdraw the present Special Civil Application as well as the Civil Application. Learned advocates appearing on behalf of respective parties have produced on record the certified copy of the order passed by the learned trial Court permitting the original plaintiff to withdraw the aforesaid Special Suit No.481/2007, which is directed to be taken on record.

(2.) IN view of the above, when Special Suit No.481/2007 itself is withdrawn, present petition is dismissed as withdrawn. Rule is discharged. Ad-interim relief stands vacated forthwith. No costs. IN view of the disposal of the main Special Civil Application, no order in Civil Application No.13062/2008.