Mr. Jagdish Rajaram Desai Decd Thru Lhr v. Mr. Somaji Devasi Patel And ORS

(17) WP-10169-2019.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Bharat D.

Pandit CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10169OF 2019 by Bharat D.

Pandit Date:

2021.02.26 17:37:08 +0530 Mr. Jagdish Rajaram Desai since deceased through his heirs and legal representatives :- 1(a) Mr. Sachin Jagdish Sawant-Desai and Ors.

....Petitioners.

V/s Mr. Somaji Devasi Patel and Ors.

....Respondents.

Mr. Pradeep S. Gole for the Petitioners.

Ms. Jeenal Upadhyay i/b Mr. Rajesh Patil for Respondent No.4. Mr. Rakesh Bhatkar for Respondent Nos. 1 and 2. CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 22, 2021 P.C.:- 1] In the light of provisions of Order 21, Rule 97 of CPC, learned Counsel for the Petitioners on instructions makes motion for withdrawal of the Petition.

2] Petition stands disposed of as withdrawn. However, this will not preclude the Petitioners from taking out fresh proceedings based on 1/2

(17) WP-10169-2019.doc obstruction or resistance of any third party to the decree under execution. If any such application is moved by the Petitioners, same be decided in accordance with law without being influenced by disposal of this Petition.

( NITIN W. SAMBRE, J. ) 2/2