Sunita Ramdas Ware And ORS v. Chandrahar Dada Kadam

25 WP-11490-19.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BHARAT DASHARATH PANDIT Date: 2022.01.10 18:15:59 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11490 OF 2019 SUNITA RAMDAS WARE AND ORS ..... Petitioners.

V/s CHANDRAHAR DADA KADAM .....Respondent --- Mr. Vaibhav D. Kadam for the Petitioners.

Mr. Girish R. Agrawal for the Respondent.

---- CORAM: NITIN W. SAMBRE, J.

DATE: JANUARY 10, 2022 P.C.:- 1] In view of the order passed in Writ Petition No.7869 of 2012 decided on 1st December, 2014 and the judgment of the Apex Court in the matter of Sheodan Singh vs. Smt. Daryao Kunwar reported in AIR 1966 SC 1332, Mr. Agrawal, learned Counsel for the Respondent raised an objection on the issue of maintainability of Petition, as according to him, second appeal is maintainable. 2] In view of aforesaid objection and the judgment cited, Mr. Kadam, learned Counsel for the Petitioners, makes motion for withdrawal of the Petition with liberty to file second appeal. 3] Since not objected, Petition stands disposed of as withdrawn with liberty as prayed.

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25 WP-11490-19.doc 4] Time consumed in prosecuting present Petition shall be considered in case if issue of limitation crops up in the second appeal. 5] Ad-interim protection ordered by this Court shall be continued for a period of four weeks.

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