1 NMS2848.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2848 OF 2010 IN SUIT NO. 3174 OF 2006 Mr. Mohanlal Bhoorji Solanki. ... Plaintiff. V/s. Ganesh Atmaram Puranik. ... Defendant. Mr. Krunal Sampat i/b. S.K. Jain for the Plaintiff. Mr. S.M. Bandekar for the Defendant. CORAM : R.Y. GANOO, J. DATED : 21st OCTOBER 2010. P.C. :- This Motion is taken out by the Defendant for setting aside decree dated 16th October 2003. 2. This Motion was fully heard yesterday i.e. on 20th October 2010. The hearing was over at about 5.05 p.m. Motion was posted today for orders. As the matter was called out, learned Counsel appearing on behalf of the Defendant in the presence of the Defendant and from instructions from the Defendant applies for withdrawal of this Motion. The Defendant has passed an endorsement to that effect on the Motion. In view of this, there is no need to pass a speaking 2 NMS2848.10.sxw order and Motion has to be disposed of by allowing the Defendant to withdraw the same. 3. Hence, following order is passed to dispose of the Motion :- (i) At the request of the Defendant, the Motion is allowed to be withdrawn with no order as to costs. (ii) Sum of Rs.1,62,524/- has been deposited by the Defendant on the basis of order which was passed at the time of seeking ad-interim relief. Now, that the Motion is disposed of, ad-interim relief in the nature of stay of the execution of the decree stands vacated. (iii) The Plaintiff is free to execute the decree in accordance with the provisions of law. The Court has not passed any order of withdrawal of Rs. 1,62,524/- which is already lying in the Court. (R.Y. GANOO, J.)