Kandra Rameshbabu Naidu Since Dec Thr His Legal Heirs And ANR v. Sachin Naresh Mhatre And ORS

Dusane 1/2 20 WP 3703.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3703 OF 2021 Kandra Rameshbabu Naidu since deceased through his Legal Heirs & Anr.

....

Petitioners Vs.

Sachin Naresh Mhatre & Ors.

....

Respondents Mr. Vikramjit Garewal a/w Rupesh Geete, Sriraj Menon, Darshit Rupda i/by MJ Juris for Petitioners.

Mr. Mahendra Mhatre for Respondent Nos. 1 and 2. Coram : NITIN W. SAMBRE, J.

Date : 4TH AUGUST, 2021 P.C.:

1.

On instructions, motion is made for withdrawal of the Writ Petition. The Writ Petition is dismissed as withdrawn. 2.

However, in the facts and circumstances of the case, it shall be open for the Petitioner/Plaintiff to take out proceedings forthwith for carrying out corrections/amendment pursuant to the order passed below Exhibits 15 and 19 i.e. deletion of Defendant Nos. 5 and 6, which

Dusane 2/2 20 WP 3703.2021.doc were added prematurely and thereafter re-admission of them by virtue of order passed below Exhibit 19.

3.

Let this proceedings if taken out, be decided expeditiously. 4.

It shall be open for the Petitioner to pursue prayers for grant of temporary injunction in the backdrop of the order of remand passed by the Appellate Court. Such prayer for injunction be decided uninfluenced by the findings recorded in the order impugned, expeditiously.

( NITIN W. SAMBRE, J.)