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Bombay High CourtWP/9810/2019disposed off

Smt. Satyavati Kalidas Pednekar v. Shantabai Dnyaneshwar Shinde (Deleted) And ORS

2019-11-14Hon'Ble Shri Justice A.S. Gadkari1 pages

4-wp-9810-19.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9810 OF 2019 Smt. Satyavati Kalidas Pednekar ... Petitioner

Versus

Shantabai Dnyaneshwar Shinde (deceased) and Ors.

... Respondents.

. . . . . .

Mr. Sameer Tendulkar for the Petitioner.

Mr. P. J. Thorat for the Respondent No.2.

. . . . . .

CORAM : A. S. GADKARI, J.

DATE : 14th NOVEMBER, 2019 P. C. :

1] In view of the clear dictum of the Hon'ble Supreme Court in case of the Union of India Vs. Ibrahim Uddin and Anr. reported in (2012) 8 SCC 148, the impugned Order passed by the Trial Court is well within the conformity of the ratio laid down by the Hon'ble Supreme Court. In view thereof, learned counsel for the petitioner, on instructions, seeks leave to withdraw the petition with liberty to pursue this application filed below Exhibit 30 under Order 41 Rule 27 of the Code of Civil Procedure, before the Appellate Court at the time of final hearing of Appeal.

Leave and liberty granted.

2] Writ Petition is disposed off as withdrawn with aforesaid liberty.

(A. S. GADKARI, J.)