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Bombay High CourtWP/224/2019dismissed

Mr. Ashok Rajaram Raul v. Mr. Mandar Pramod Vichare And ORS.

2019-01-15Hon'Ble Shri Justice K.K. Tated2 pages

23 wp224-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.224 OF 2019 Ashok Rajaram Raul .. Petitioner V/s.

Mandar Pramod Vichare & Ors.

.. Respondents Mr.S.M.Oak I/b Mr.Sagar A. Joshi for the petitioner Mr.Shriram S. Kulkarni for the respondent no.1

CORAM:

K.K. TATED, J DATED :

JANUARY 15, 2019 P.C. :

Heard.

During the course of argument, the learned counsel for the Respondent no.1 submits that in the present proceedings, Petitioner is challenging the order dated 24.08.2018 passed by 3rd Joint Civil Judge, Senior Division, Thane below Exhibit-101 in Election Petition No.2 of 2017 allowing Respondent no.1's Application for examining the Advocate Snehlata Kolte as witness. He submits that during the pendency of the present Writ Petition the evidence of Snehlata Kolte is over. He further submits that even Petitioner cross-examined her at length. Considering the submissions made by the learned counsel Mohite 1/2

23 wp224-19.doc for the parties and as during the pendency of the present Writ Petition, impugned order dated 24.08.2018 passed by 3rd Joint Civil Judge, Senior Division, Thane below Exhibit-101 is already executed, nothing survives in the present Writ Petition. Writ Petition stands dismissed.

It is made clear that all contention of both the parties are kept open in Appeal if it is filed by them.

(K.K. TATED, J.) Mohite 2/2