Smt. Mishridevi Pyarelal Upadhyay (Since Decd.) Through Lrs. v. Shri. Jagdish Dwarakadas Thakkar (Karia) And ORS.

1 903 WP 13278-2018.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13278 OF 2018 Smt.Mishridevi Pyarelal Upadhyay, Since deceased per Lrs :

1/1. Shri Ramesh Pyarelal Upadhyay and another ... Petitioners Vs.

Shri Jagdish Dwarakadas Thakkar (Karia) and others ... Respondents Mr.Prashant Kamble i/by Mr.A.S.Rao, for Petitioners. None for Respondents.

CORAM : M. S. SONAK , J.

Date : 29th November, 2018.

P.C. :

After this matter was argued for some time, the learned counsel appearing for Petitioners on basis of instructions from Petitioners seeks leave to withdraw this Petition with liberty to challenge the impugned order, in case the matter is ultimately decided against the Petitioners by the trial Court and the Petitioners choose to institute an appeal to question such decision. The request is made in terms of the provisions of Section 105 of the Code of Civil Procedure.

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Since the request is reasonable, leave is granted to withdraw this Petition with liberty as prayed for. 3.

This Petition is accordingly disposed of as withdrawn with liberty as prayed.

(M. S. SONAK, J.)