Mr. Bharat Jethalal Maniar And ORS. v. Davabhai D. Patel And ANR.

pvr 1/1 16-17wp10034-10093=17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 10034 OF 2017 Mr. Bharat Jethalal Maniar And Ors.

...Petitioners

Versus

Mahesh Davabhai Patel

...Respondent

AND Writ Petition NO. 10093 OF 2017 Mr. Bharat Jethalal Maniar And Ors.

...Petitioners

Versus

Davabhai D. Patel And Anr.

...Respondents

Mr.Aseem Naphade with Mr.Arun Mehta with Mr.Sanket Shah with Ashwini Pawar i/b.Akshar Laws, for the Petitioners.

Mr.Karl Tamboli i/b. Pankaj S.Shah, for the Respondents. CORAM : G.S.KULKARNI, J.

DATE : 8th JANUARY, 2018 P.C. :

1.

After these petitions are heard for some time, Mr.Naphade, learned Counsel for the petitioners seeks leave to withdraw these petitions with liberty to raise all contentions including the issue of delay, to be agitated before the trial Court in the substantive proceedings filed invoking Order IX Rule 13 of the Code of Civil Procedure. 2.

Petitions are accordingly dismissed as withdrawn with the liberty as prayed for.

3.

All contentions of the parties are expressly kept open. (G.S.KULKARNI, J.)