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2009 Supreme(Bom) 1314

In the High Court of Bombay at Goa
THE HONOURABLE MR. JUSTICE A.H. JOSHI
Agencia Real Trading and Marketing Pvt. Ltd. - Petitioner
Versus
Mr. Ramchandra B. Bhatkar - Respondent
Writ Petition No 370 of 2009, Misc. Application No.823 of 2009
Decided on : 05-10-2009

Advocates appeared:
For the Petitioner:V. Braganza, Advocate.
For the Respondent:F.E. Noronha, Advocate.

Headnote:Civil Procedure Code, 1908- Order 39, Rules 1 and 2-Injunction-Leave to withdraw the suit granted and suit dismissed as withdrawn-Order of injunction granted by trial Court would not remain in operation. (Paras 4, 5 and 6)

       

Judgment :-


1. Rule made returnable forthwith by consent.


2. This petition was initially heard and order allowing it was declared, and the judgment was dictated.


3. Before the transcription of the judgment, the respondent in the writ petition has filed and circulated Misc. Civil Application No. 823/2009, which following prayers are made:-


(a) For leave to withdraw the Regular Civil Suit No. 55/2008/C without the Petitioner/Defendant claiming any equities based on the withdrawal.


(b) For direction to the Rent Controller, Panaji to take evidence of the Respondent/plaintiff on 30.10.09 and dispose the Eviction Application no. 11/08 within 6 months from date.


4. In view of the prayers contained in said application, the order of injunction as granted by the trial court, would not remain in operation and therefore, reasons for decision in the writ petition would not be required.


5. Prayer (b) quoted in para 3 can be favourably considered, though present writ petition has arisen out of the proceedings which were pending in civil court.


6. Leave to withdraw the suit RCS No. 55/2008/C is granted, and said suit be dismissed as withdrawn. In the result, in view of dismissal of suit No. 55/2008/C of the Court of Civil Judge, Junior Division, Panaji, the order of injunction passed on 25.7.2008 shall come to an end.


7. The Rent Controller, Panaji is directed to proceed to hear and decide the eviction application 11/2008 as far as possible within one year from the date of receipt of writ of this direction.


8. Rule is made absolute in terms of foregoing paras 6 and 7.


9. In the circumstances, parties are directed to bear own costs.



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