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Bombay High CourtWP/1466/2015disposed off

Umesh Narayan v. Poonam Toradmal And ORS

2018-04-11Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Naresh H. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1466 OF 2015 WITH CIVIL APPLICATION NO. 170 OF 2017 Umesh Narayan Deshpande & anr.

.. Petitioners Vs.

Poonam Toradmal and others.

.. Respondents Mr. C. K. Bhangoji for petitioner no.2 in WP/1466/2015 and for respondent no.2 in CAW/170/2017.

Mr. Nilesh Patil for respondent no.1 in CAW/170/2017 and for respondent no.2 in WP/1466/2015.

Mr. Dhaval Patil i/by K. Akshar and Co. for respondent no.2 in WP/1466/2015 and for respondent No.3 in CAW/170/2017. Mr. A. P. Vanarase, AGP for State.

CORAM: NARESH H. PATIL & SMT. ANUJA PRABHUDESSAI, JJ.

APRIL 11, 2018.

P.C.

1.

The learned counsel for the respondent no.2 places a copy of the order date4d 15/6/2017 passed by the Division Bench of this court (Coram: A. S. Oka and P. D. Naik,JJ.) in Civil Application No. 2247 of 2016 in Writ Petition No. 1466 of 2015, which is taken on record. 2.

It is submitted that the statement made while disposing of

17-wp-1466-15 Writ Petition No. 1466 of 2015 on 22/4/2016 has been made by the petitioner no.2 inadvertently. The learned counsel submits that petitioner no.2 is not pressing the petition as proceedings are pending before the Divisional Social Welfare Officer, Konkan Bhavan, Navi Mumbai. The learned counsel appearing for respondent no.1 - applicant submits that proceedings of perjury are required to be initiated as the petitioner placed on record false and fabricated documents of appointment order issued in favour of Poonam Toradmal. The document admittedly was presented before the Divisional Social Welfare Officer. 3.

As the appeal is pending before the Divisional Social Welfare Officer and on the leave sought by the learned counsel for the petitioner no.2 for withdrawal of this writ petition, petition is disposed of as withdrawn. Civil Application No. 170 of 2017 does not survive and is disposed of.

4.

It is clarified that we have not expressed any opinion in respect of the prayers made in the Civil Application No. 170 of 2017. (SMT. ANUJA PRABHUDESSAI, J.) (NARESH H. PATIL,J.)