Keshav Vishnu Kalekar And ORS v. The State Of Maharashtra And ANR

SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2021.11.02 11:51:06 +0530 25 wp 7441 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7441 OF 2021 Keshav Vishnu Kalekar and Ors.

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Petitioners

Versus

The State of Maharashtra and Anr.

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Respondents Mr. Anand Jondhale with Ms. Rajnandini Jondhale, Ms. Yashoda Jondhale with Mr. S. Ambawat i/by Jondhale and Co., for Petitioners. Mrs. S.D.

Vyas, 'B' Panel Counsel, for State.

Mr. Yogesh Patil i/by Mr. Vijay Patil, for Respondent No.2. CORAM: S.J. KATHAWALLA & SURENDRA P. TAVADE, JJ.

DATE :

st NOVEMBER, 2021 ( VACATION COURT ) P.C. :

1.

After hearing the learned Advocate for the Petitioners for some time, as well as the submissions advanced by the learned Advocate for Respondent No.2 opposing the urgent reliefs as sought, the learned Advocate for the Petitioners seeks to withdraw the above Writ Petition with liberty to file a Suit seeking appropriate reliefs. In view thereof, the Writ Petition is disposed of as withdrawn with liberty as sought. 2.

Only to enable the Petitioners to move the Civil Court, the Respondent No.2 shall not act on the Notice dated 22nd October, 2021 for a period of one week i.e. upto 7 th November, 2021. It is made clear that the Suit filed by the Petitioners and the ad-interim / Interim Application moved therein, shall be decided by the Court strictly SSP 1/2

25 wp 7441 of 2021.doc on merits and without being influenced by this order since the protection of one week is granted to the Petitioners without going into the merits of the case. ( SURENDRA P. TAVADE, J. ) ( S.J.KATHAWALLA, J. ) SSP 2/2