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Bombay High CourtWP/1910/2020

Mrs. Pushpa Vadhyamal Lulla And ANR v. Mr. Kirit Shah

2019-08-27Hon'Ble Shri Justice M. S. Karnik3 pages

Pradnya Bhogale 1 910 to 912.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.16421 OF 2019 WITH CIVIL APPLICATION (ST.) NO.16509 OF 2019 Pushpa Vadhyamal Lulla & Anr.

... Petitioners Vs.

Anilkumar Velaji Nathani ... Respondent ALONG WITH WRIT PETITION (ST.) NO.23578 OF 2019 Pushpa Vadhyamal Lulla & Anr.

... Petitioners Vs.

Kirit Shah ... Respondent ALONG WITH WRIT PETITION (ST.) NO.23579 OF 2019 Pushpa Vadhyamal Lulla & Anr.

... Petitioners Vs.

Jayantilal Balkrishna Pandya ... Respondent .....

Mr. Samir Sarambalkar a/w Ms. Manasi Bandiwadekar for the Petitioners in all matters.

Mr. Drupad S. Patil for the Respondent in WPST/16421/19. .....

CORAM

: M. S. KARNIK, J.

DATE : 27th AUGUST, 2019.

P. C.:

1.

Heard learned counsel for the petitioners.

2.

By this petition the petitioners are challenging the judgment and decree dated 22.8.2011 passed by the First

Pradnya Bhogale 2 910 to 912.doc Appellate Court and also the judgment and decree dated 16.2.2007 passed by the Trial Court.

3.

Learned counsel for the respondent raised preliminary objection regarding maintainability of the Petition. According to him the remedy of the petitioners is to file Second Appeal challenging the judgment and decree of the First Appellate Court. 4.

Learned counsel for the petitioners seeks leave to withdraw this Writ Petition with a liberty to file Second Appeal or pursue any other remedy in law to challenge the judgment and decree of the Appellate Court. The Petition is allowed to be withdrawn with liberty to file appropriate proceedings challenging the impugned judgment and order.

5.

All contentions are kept open.

6.

In view of the order passed in this Petition, the Writ Petition (St.) No.23578 of 2019 and Writ Petition (St.) No.23579 of 2019 are also disposed of as withdrawn in the same terms. Office objections dispensed with.

Pradnya Bhogale 3 910 to 912.doc 7.

In view of the withdrawal of the Writ Petition (St.) No.16421 of 2019, nothing survives for consideration in the Civil Application (St.) No.16509 of 2019. The Civil Application (St.) No.16509 of 2019 is disposed of accordingly.

( M. S. KARNIK, J. )