Smt. Sulkanbai Tulshiram Pagare v. Shri Ravindra Kashinath Patil And ORS.

(906)-WP-12124-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12124 OF 2016 Smt. Sulkanbai Tulshiram Pagare ..Petitioner

Versus

Shri. Ravindra Kashinath Patil and others ..Respondents Shri. S. K. Shinde i/by Ms. Sneha G. Sanap for the Petitioner. Shri. Sachin Gite for the Respondent No.1.

CORAM : R. M. SAVANT, J.

DATE : 8th DECEMBER, 2016 P.C.

The Learned Counsel for the Petitioner after arguing for sometime in view of the legal position as enunciated by the Division Bench of this Court in the judgment reported in 2008(6) Bom.C.R. 706 in the matter of State of Maharashtra and another Vs. Keru Baban Avhad seeks withdrawal of the above Writ Petition to file a First Appeal challenging the order impugned in the above Petition dated 14.09.2016 passed by the Reference Court i.e. the Learned Civil Judge Senior Division, Malegaon, District Nashik, in Land Reference No.09 of 2015. The Petition is accordingly allowed to be withdrawn with liberty as prayed for. In terms of clause 2 of the operative part of the impugned order, the protection granted by the Reference Court i.e. the Learned Civil Judge, Senior Division, Malegaon, would come to an end on 14.12.2016. BGP.

(906)-WP-12124-16.doc.

Hence to facilitate filing of the First Appeal, it would be just and proper to continue the said protection granted vide clause 2 of the operative part of the impugned order dated 14.09.2016 till 10.01.2017. [R.M.SAVANT, J] BGP.