Dattatraya Narayan Darekar v. Bhor Sanmitra Nagari Sahakari Pat Sanstha Maryadit, Bhor And ORS.

1 / 2 25-WP-7109-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7109 OF 2019 Dattatraya Narayan Darekar .... Petitioner versus Bhor Sanmitra Nagari Sahakari Pat Sanstha Maryadi, Bhor & Ors.

.... Respondents .......

• Mr.Vaibhav R. Gaikwad, Advocate for Petitioner. • Mr.Vijay Patil i/b. Avinash Fatangare, Advocate for Respondent Nos.1 and 2.

• Mrs.S.S. Bhende, AGP for Respondent Nos.3 and 4. CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATE : 16th JANUARY, 2020.

P.C. :

1.

Heard learned Counsel for the parties.

2.

Advocate for Petitioner submits that by this Writ Petitioner he is challenging the notice dated 15/06/2019 passed by Respondent No.5 about taking possession of the suit property. He submitted that in view of subsequent development, nothing survives in the present Writ Petition. He submitted that he has Nesarikar

2 / 2 25-WP-7109-19.odt received instructions from his client to withdraw the Petition with liberty to file appropriate proceedings, in case the Respondent No.5 issues fresh notice for the same cause of action. He has given writing to that effect, which is taken on record. Same is accepted and marked 'X' for identification. 3.

Writ Petition stands dismissed as withdrawn with liberty as prayed for.

4.

Interim relief granted earlier stands vacated. (SARANG V. KOTWAL, J.) (K.K.TATED, J.)