Dr. Anil Shantila Modi (Huf) And ANR v. The Asst. Engineer Class I Of Pwd Sub Division Chandwad And ORS

10. WP 7931.22.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7931 OF 2022 Dr. Anil Shantilal Modi (HUF) and Anr.

... Petitioners V/s.

The Assistant Engineer, Class-I, PWD, Chandwad and Ors.

... Respondents Mr. Tejas Dande with Bharat Dadhavi, Vikrant Khare, Miss. Trushna Shah i/b. Tejesh Dande and Associates for the Petitioners Mr. A.I. Patel, Addl.G.P. with Ms. Kavita N. Solunke, AGP for the Respondent - State CORAM : NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATE : 06 SEPTEMBER 2022 P.C. :- The predecessor of title of the Petitioner had filed a suit bearing No. 92 of 2015 in the Court of Civil Judge, Senior Division, Niphad against the Respondent - State for declaration and possession which was dismissed by the judgment and order dated 11 December 2019. The learned Counsel for the Petitioners, after arguing for some time, states that the Petitioners will raise the grievance made in this Petition in the appeal filed against the

10. WP 7931.22.doc judgment and order dated 11 December 2019 or file independent civil suit and does not press this Petition.

2.

The Writ Petition is accordingly disposed of keeping all contentions of both the parties open in the appeal or any other civil suit that the Petitioners may intend to file. SHARMILA U. DESHMUKH, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date:

2022.09.10 16:24:39 +0530 JYOTI PRAKASH PAWAR