Mahesh Yashwant Naik And ORS v. The State Of Maharashtra Thr Government Pleader And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by LAXMI SUBHASH SONTAKKE Date:

2023.08.02 15:21:06 +0530 LAXMI SUBHASH SONTAKKE WRIT PETITION NO. 5600 OF 2023 Mahesh Y. Naik & Ors.

.. Petitioners

Versus

The State of Maharashtra & Ors.

.. Respondents Mr. Mohit Jadhav a/w Megha Shigavan & Shubham Shinde for the Petitioners.

Mrs. M. S. Bane, AGP for the State.

Mr. Akshay R. Kulkarni i/b. Ashutosh Kulkarni for Respondent Nos. 3 and 4.

Mr. Onkar Gupte for Respondent Nos. 5 to 8

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : AUGUST 01, 2023 P. C.

1.

The learned Advocate appearing for the Petitioners, on instructions of the Petitioner who is present in Court, has stated that the Petitioners would like to withdraw the above Writ Petition with liberty to agitate the disputes raised in the present Petition by filing a Civil Suit. AUGUST 01, 2023 Laxmi

19 wp 5600-23.doc 2.

In view of the aforesaid statement made by the learned Advocate appearing for the Petitioners, the above Writ Petition is dismissed as withdrawn with liberty as prayed. 3.

We make it clear that we have not opined on the merits of the matter one way or the other and if any Civil Suit is filed, the same shall be decided on its own merits and in accordance with law including the issue of maintainability.

4.

All contentions of all parties in this regard are expressly kept open to be agitated in a Civil Suit.

5.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] AUGUST 01, 2023 Laxmi