Mahadeo Ramchandra Kalokhe And ORS. v. Jagannath Laxman Jadhav And ORS.

43-wp-1362-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1362 OF 2019 Mahadeo Ramchandra Kalokhe & Ors.

.. Petitioners

Versus

Jagannath Laxman Jadhav & Ors.

.. Respondents Mr. A.B. Tajane for petitioners.

Mr. V.S. Kapse a/w Mr. Shailesh D. Chavan for respondent No.1. Mr. Vikash Shivarkar for respondent Nos. 2 and 4. CORAM : K.K. TATED, J.

DATE : 04 FEBRUARY 2019.

P.C:- .

Heard learned Counsel for parties.

2.

When this Court declined to entertain this writ petition, the learned Counsel for the petitioner submits that petitioner may be permitted to withdraw the present writ petition with direction to the trial Court to decide their application for appointment of Court Commissioner to measure the suit property. To that effect, he has given in writing. Same is taken on record and marked 'X' for identification. Same is accepted. 3.

Writ petition stands disposed of as withdrawn with direction to the trial Court to decide the petitioner's application for appointment of Court Commissioner to measure the suit land on its own merits as earlier as possible. But, in any case on or before 30.03.2019. 4. All contentions for both the parties are kept open.

(K.K.TATED, J.) S.C.Magar