Vijaykumar Manik Gaikwad v. Sou. Archana Dattatray Kalkumbe And ORS

901.wp.559-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.559 OF 2016 Vijaykumar Manik Gaikwad ..Petitioner

Versus

Sou. Archana Dattatray Kalkumbe and others.

..Respondents ....

Mr. S.P. Raje Pandhare i/b. Ajay A. Joshi, Advocate for the Petitioner.

....

CORAM : R. G. KETKAR, J.

DATE : 20th JANUARY, 2016 P.C.

1.

Heard Mr. S.P. Raje Pandhare, learned Counsel for the petitioner at length.

2.

By this Petition under Article 227 of Constitution of India, the petitioner, hereinafter referred to as 'defendant No.4', has challenged the judgment and order dated 11.3.2015 passed by the learned 6th Jt. Civil Judge, Junior Division at Pandharpur below Exhibit-92 in R.C.S. No.591 of 2007. By that order, learned trial Court rejected the application made by defendant No.4 for setting aside No-WS order and praying to accept his 1 / 2

901.wp.559-16.doc written statement.

3.

After arguing the Petition for quite sometime, Mr. Raje Pandhare, upon taking instructions from the Petitioner, seeks permission to withdraw the application below Exhibit-92 with liberty to file fresh application giving all the necessary details. 4.

In view thereof, on the motion made by Mr. Raje Pandhare, the application below Exhibit-92 in R.C.S. No.591 of 2007 is allowed to be withdrawn with liberty as prayed for. All the contentions of respondents 1 and 2 (original plaintiffs), on merits as also about maintainability, are expressly kept open. If such an application is filed, learned trial Court Judge will pass appropriate order uninfluenced by the observations made in the impugned order. Order accordingly.

( R. G. KETKAR, J.) Deshmane (PS) 2 / 2