Jairam Kevalram Kukreja v. District Collector, Kolhapur And ORS.

p8.811.16-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.811/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rahul Walvekar for the petitioner Ms. Vaishali Nimbalkar, AGP for the respondent No.1.

CORAM : K. K. TATED, J.

DATE : JUNE 29, 2016 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the petitioner, the matter is taken on board for urgent orders.

2.

By this petition under Article 227 of the Constitution of India the Petitioner plaintiff challenges the order dated 27.10.2015 passed by the Civil Judge, Senior Division, Jaisingpur below Exhibit- 30 in Regular Civil Suit No.265/2014 rejecting the plaintiff's application for amendment in the plaint. The learned counsel for the petitioner submits that he received instructions from his client to withdraw the application filed by them before the Trial Court below Exhibit- 30 for amendment of plaint itself. To that effect, he made Basavraj G Patil 1/2

p8.811.16-wp an endorsement on a farad. Same is taken on record and marked "X" for identification.

3.

Hence, following order is passed:

a.

Liberty granted to the petitioner plaintiff to withdraw the application below Exhibit- 30 in Regular Civil Suit No.265/2014 filed by them for amendment in the plaint.

b.

Said application stands rejected as withdrawn.

c.

The petitioner is directed to place a copy of this order before the Trial Court.

d.

Writ Petition stands disposed of as infructuous.

JUDGE Basavraj G Patil 2/2