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Bombay High CourtWP/10028/2015disposed off

Shri Shyam Bahadu Shriram Yadav v. Shri. Mangla Babaoo Yadav And ANR.

2019-03-26Hon'Ble Shri Justice M.S. Sonak2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10028 OF 2015 Shyambahadur Shreeram Yadav ..Petitioner.

V/s.

Mangala Babaoo Yadav & Anr.

..Respondents.

Mr.Sandesh Patil i/b. Mr.Manoj Patil for the petitioner. Mr.Rajesh S.Datar for respondent No.1.

Ms.Geeta P.Sonawane, AGP for respondent No.2-State. CORAM : M.S.SONAK, J.

DATE : MARCH 26, 2019 P.C.:- Mr. Patil, learned counsel for the petitioner on behalf of instructions from the petitioner communicated through advocate Mr. H.R. Yadav, who is incidentally relative of the petitioners, seeks leave to withdraw he petition with liberty to challenge the impugned order dated December 20, 2011 at an appropriate stage by resort to the provisions of section 105 of the Code of Civil Procedure. Leave as prayed is granted with liberty as prayed for. 2.

It is clarified that the said liberty can be availed notwithstanding the order dated February 26, 2014 in Writ Petition No.574 of 2014 which was instituted to challenge the very impugned

2 903a) wp10028-15.doc order.

3.

This petition is, therefore, disposed of with liberty as aforesaid.

4.

All contentions of the parties on merits are kept open for determination by appropriate Court at the appropriate stage. (M.S.SONAK, J.)