Viijay Shamrao Patil v. Pramod Maruti Sawant And ANR

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.05.05 09:46:44 +0530 26.8809.21 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8809 OF 2021 VIJAY SHAMRAO PATIL ....PETITIONER V/s.

PRAMOD MARUTI SAWANT AND ANR .....RESPONDENTS Mr. Kuldeep U. Nikam Advocate for the Petitioner Mr. Bhooshan A. Walimbe Advocate for the Respondents CORAM :

NITIN W. SAMBRE, J.

DATE:

MAY 2, 2022.

P.C.:

1) On instructions, a prayer is made by counsel for the Petitioner Mr. Kuldeep Nikam for withdrawal of the present Petition so also R.C.S. No. 743/2017 pending on the file of Civil Judge Senior Division, Islampur.

2) Prayer is not objected by counsel for Respondent. 3) Petition stands dismissed as withdrawn so also Suit is disposed of as withdrawn.

1/2

26.8809.21 wp.doc 4) However, withdrawal of present Petition will not act as an embargo on the right of the Petitioner for filing of the Suit for redemption of mortgage. If such Suit is brought in action, same be dealt in accordance with law without being influenced by the withdrawal of the present Application.

5) Civil Court shall pass consequential order of the conditional withdrawal of the Suit.

[NITIN W. SAMBRE, J.] 2/2