Amarbahadur Nanhu Varma v. Arun Harishchandra Parab And ANR

1/1 24wp1793-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1793 OF 2023 Amarbahadur Nanhu Varma ...

Petitioner

Versus

Arun Harishchandra Parab and Anr.

...

Respondents - - Ms.Harsha Shah i/by Mr.Yatin R. Shah with Ms.Shweta Singh for the Petitioner.

Mr. Ram U. Singh with Mr.Ankur Jain for the respondents. - - CORAM : SHARMILA U. DESHMUKH, J.

DATE : July 25, 2023.

P. C. :

1.

The preliminary objection has been raised by the learned counsel appearing for the respondents stating that in respect of the same cause of action Appeal from Order was filed, which came to be withdrawn unconditionally and the same has been recorded by this Court vide order dated 7th July, 2022, which is annexed at page 82 of the petition.

2.

Considering that no liberty was granted for challenging the order afresh after withdrawal of the Appeal from Order, the writ petition Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2023.07.26 10:11:09 +0530 is not maintainable. Hence, the writ petition stands dismissed. SANJAY ASARAM MANDAWGAD ( Sharmila U. Deshmukh, J. ) sanjay_mandawgad