← Library
Bombay High CourtCAW/1374/2018disposed off

Anil Kumar Tripathi v. The State Of Maharashtra Through Govt. Pleader And ORS.

2018-07-19Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

P-1-wp-7025-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.7025 OF 2018 WITH CIVIL APPLICATION NO.1374 OF 2018 Anil Kumar Tripathi ] Petitioner Vs.

The State of Maharashtra & Ors.

] Respondents .....

Mr. P.V. Dhopatkar a/w Mr. S. Jayraj, for Petitioner. Mr. Nandlal Agrawal, for Respondents No.6 and 7. .....

CORAM :

R.G. KETKAR, J.

DATE :

19TH JULY, 2018.

P.C:

Not on board. At the joint request of Mr. Dhopatkar and Mr. Agrawal, taken up in the production board.

2.

Heard Mr. Dhopatkar, learned Counsel for the petitioner and Mr. Agrawal, learned Counsel for respondents No.6 and 7 at length. I have also heard petitioner who is a practicing Advocate in this Court at length. 3.

This Petition takes exception to the order dated 4th April, 2018 passed by the learned Judge, Court Room No.26 of the Court of Small Causes at Mumbai below Exhibit 43 in R.A.D. Suit No.1133 of 2011. By that order, the learned trial Judge allowed the application filed by respondents No.6 and 7 herein for bringing them on record in view of death of original plaintiff Bhawaniprasad Rampher Shukla.

P-1-wp-7025-2018.odt 4.

After arguing the Petition for quite some time, Mr. Dhopatkar, on instructions from the petitioner, who is present in the Court seeks permission to withdraw the Petition.

5.

In view thereof, Petition is dismissed as withdrawn. In view of dismissal of main Petition, C.A. No. 1374 of 2018 for stay does not survive and the same is disposed of.

[R.G. KETKAR, J.]