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Bombay High CourtWP/2501/2022dismissed

Kaikhushroo Alias Kaki Phiroze Noble Since Decd. Thr Legal Heir v. Subhash Dhanraj Sankla And ORS

2022-03-07Hon'Ble Shri Justice Nitin W. Sambre1 pages

(32)-WP-2501-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.08 09:52:02 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.2501 OF 2022 Shri. Kaikhushroo alias Kaki Phiroze Noble since deceased through legal heirs Mrs. Zubil P. Noble Denis ..Petitioner

Versus

Shri. Subhash Dhanraj Sankla and Ors.

..Respondents Mr. Siddhartha R. Ronghe, for the Petitioner. CORAM : NITIN W. SAMBRE, J.

DATE : 7th MARCH, 2022 P.C.

1.

Counsel for the petitioner on instructions made motion for withdrawal of the petition.

2.

The petition as such stands disposed of as withdrawn. 3.

However, the issue as to whether the affidavit of examination-in-chief of the petitioner/defendant No.1 is lawfully discarded or not can be raised and gone into in an appeal, if so preferred by the petitioner/defendant No.1, if final decree is passed against him.

[NITIN W. SAMBRE, J.] BGP.