Subhash Dagdu Gangale And ORS. v. Ramakant Dagdu Gangale (Since Decd) Through Lrs. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.234 OF 2017 Subhash Dagdu Gangale and others ...

Petitioners Vs.

Ramakant Dagdu Gangale (decd) through heirs Vaibhav Ramakant Gangale and others ...

Respondents Mr. Amol Wagh i/b. Mr. Sagar V. Kasar for Petitioners. CORAM : R. G. KETKAR, J.

DATE :

FEBRUARY 27, 2017 P.C. :

Heard Mr. Wagh, learned Counsel for petitioners at length. 2.

By this Petition under Article 227 of the Constitution of India, petitioners have challenged the judgment and order dated 17.06.2016 passed by the learned Civil Judge Junior Division, Nandgaon below exhibit-150 in Regular Civil Suit No.26 of 2008. By that order, the learned trial Judge allowed the application made by the respondentsplaintiffs and discarded evidence affidavit of witness Vijaya Vasantrao Gangale (exhibit-141) from the record. The learned trial Judge further held that defendants No.2 to 4 cannot as such examine the said witness in view of her written statement, which is adopted by Purshis. 3.

After arguing the Petition for quite some time, Mr. Wagh, upon taking instructions from the petitioners, seeks permission to withdraw this Petition.

4.

On the motion made by Mr. Wagh, Petition is allowed to be withdrawn and is dismissed as withdrawn. It is, however, made clear that where a decree is challenged by the petitioner, any error, defect or 1/2

WP234_17.sxw irregularity in the impugned order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal as contemplated by Section 105(1) of C.P.C. Order accordingly. (R. G. KETKAR, J.) Minal Parab 2/2