45- CRA 460 of 2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.460 OF 2023 WITH INTERIM APPLICATION NO. 14560 OF 2023 WITH INTERIM APPLICATION NO. 8850 OF 2024 Swami Developers Through its Partners … Applicant vs. Shri Anil Anivrdh Tilam and Ors. … Respondents Mr. Vaibhav U. Ugle for Applicant Ms. Pallavi t. Baghel for Respondents. CORAM : GAURI GODSE, J. DATED : 4th DECEMBER 2025 ORDER: 1. By the impugned order, the application under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (‘CPC’) is allowed and the plaint is rejected. Hence, the remedy to the applicant is to file an appeal. The impugned order is not revisable under Section 115 of CPC. 2. Learned counsel for the applicant, therefore, on instructions, seeks leave to withdraw this civil revision application with liberty to file an appeal. 3. Leave granted with liberty as prayed. Page no. 1 of 2 vatikam VAISHALI ANIL TIKAM Digitally signed by VAISHALI ANIL TIKAM Date: 2025.12.06 12:49:59 +0530 45- CRA 460 of 2023.doc 4. The Civil Revision Application is disposed of as withdrawn with liberty as recorded above. 5. It is clarified that if the applicant files first appeal within eight weeks from today, the applicant would be entitled to seek benefit of the period of pendency of this civil revision application for seeking condonation of delay. 6. Pending interim applications are disposed of as infructuous. (GAURI GODSE, J.) Page no. 2 of 2