Smt. Lila Digambarrao Kharadkar v. Indira Dattatraya Kharadkar And ORS

WP6623_13.doc

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6623 OF 2013 Lila Digambarrao Kharadkar ...

Petitioner Vs.

Indira Dattatraya Kharadkar and others ...

Respondents Mr. S. S. Kanetkar for Petitioner.

Mr. V. B. Rajure for Respondents No.2 to 9, 13, 14, 16 and 18 to 21. Mr. P. K. Dhakephalkar, Senior Advocate i/b. Mr. Pankaj J. Das for Respondent No.17.

CORAM : R. G. KETKAR, J.

DATE : 14TH AUGUST, 2015 P.C. :

Heard Mr. Kanetkar, learned Counsel for petitioner, Mr. Rajure, learned Counsel for respondents No.2 to 9, 13, 14, 16 and 18 to 21 and Mr. Dhakephalkar, learned Senior Counsel for respondent No.17. 2.

By this Petition under Article 227 of the Constitution of India, original plaintiff has challenged the judgment and order dated 03.08.2010 passed by the learned 8th Joint Civil Judge, Junior Division, Pune below exhibit-5 in Regular Civil Suit No.116 of 2008 as also the judgment and order dated 01.08.2012 passed by the learned District Judge-3, Pune in Miscellaneous Civil Appeal No.274 of 2010. 3.

Mr. Kanetkar, upon taking instructions from the petitioner, seeks permission to withdraw this Petition with liberty to take out fresh application in view of the subsequent development namely, amendment of the plaint. Mr. Rajure and Mr. Dhakephalkar submit that in case such liberty is granted, all the contentions of the respondents may be kept open.

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WP6623_13.doc 4.

In view thereof, on the motion made by Mr. Kanetkar, Petition is allowed to be withdrawn with liberty as prayed for. Grant of liberty shall not be construed as an expression of merits of the case. All the contentions of both the parties as also of the respondents as regards maintainability of the application are expressly kept open. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2