Chetan Satishkumar Punjabi v. Sudhir Vasant Deshpande And ANR.

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.36 OF 2015 Chetan Satishkumar Punjabi ...

Petitioner Vs.

Sudhir Vasant Deshpande and another ...

Respondents Mr. Sham V. Walve for Petitioner.

Mr. B. B. Nangare i/b. BB Nangare & Associates for Respondent No.2. CORAM : R. G. KETKAR, J.

DATE : 9TH JULY, 2015 P.C. :

Not on Board. At the request of Mr. Walve, taken up in the production Board.

2.

Heard Mr. Walve, learned Counsel for petitioner and Mr. Nangare, learned Counsel for respondent No.2. 3.

By this Petition under Article 227 of the Constitution of India, petitioner / objector / third party has challenged the judgment and order dated 22.08.2014 passed by the learned 3rd Joint Civil Judge, Senior Division, Nashik below exhibit 13 in Special Darkhast No.77 of 2013. By that order, the learned trial Judge rejected the application filed by the petitioner.

4.

Mr. Walve, on instructions of the petitioner, seeks permission to withdraw this Petition with liberty to challenge the impugned order by instituting appropriate proceedings before the appropriate forum. 5.

In view thereof, on the motion made by Mr. Walve, Petition is allowed to be withdrawn with liberty as prayed for. It is made clear that 1/2

WP36_15.sxw by granting liberty, I have not examined the merits of the proposed proceedings. All contentions of the parties in that regard are expressly kept open. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2