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Bombay High CourtWP/9606/2014

Mr. Rajendra Madhusudan Mhatre And ORS. v. Mr. Shirish Harishchandra Raut

2015-07-02Hon'Ble Shri Justice Rajesh G. Ketkar1 pages

WP9606_14.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9606 OF 2014 Rajendra Madhusudan Mhatre and others ...

Petitioners Vs.

Shirish Harishchandra Raut ...

Respondents Mr. Sagar Ambedkar for Petitioners.

CORAM : R. G. KETKAR, J.

DATE : 2ND JULY, 2015 P.C. :

Heard Mr. Ambedkar, learned Counsel for petitioners. 2.

By this Petition under Article 227 of the Constitution of India, petitioners have challenged the judgment and order dated 30.06.2014 below exhibit-15 in Civil Appeal No.1 of 2013 passed by the learned Ad-hoc District Judge-1, Palghar. By that order, the learned District Judge allowed the appeal and quashed and set aside the order dated 10.12.2012 below exhibit-5 in Regular Civil Suit No.33 of 2012 passed by the learned Civil Judge, Junior Division, Dahanu. The learned District Judge issued injunction restraining the defendants from alienating the suit property or creating third party interest in any manner till disposal of the Appeal.

3.

Mr. Ambedkar states that petitioner No.2 - Mahesh Madhusudan Mhatre is present in the Court. He has tendered photocopy of the driving licence, which is taken on record and marked 'X' for identification. Mr. Ambedkar, upon taking instructions from petitioner No.2, seeks permission to withdraw this Petition. 4.

On the motion made by Mr. Ambedkar, Petition is allowed to be withdrawn and is disposed of as such. Liberty is reserved to the petitioners to apply for expeditious disposal of the Suit. (R. G. KETKAR, J.) 1/1 Minal Parab