Shobha Alias Asha Narendra Painter Alias Umrao v. Anita Narendra Umrao Alias Painter And ORS

2023:BHC-AS:37873 6-wp-14961-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14961 OF 2023 Shobha Alias Asha Narendra Painter Alias Umrao

...Petitioner

Versus

Anita Narendra Umrao Alias Painter & Ors.

...Respondents

Mr. Sriraj Menon a/w. Mr. Rupesh Geete, Mr. Darshan Sahuji, Mr. Jaiveer Dhakan i/b. Satyaki Law Associates, for the Petitioner. Mr. Rahul More, for Respondent No.1.

Mr. A. B. Chate, Addl. GP a/w. Mrs. V. S. Nimbalkar, AGP, for the State. CORAM : MADHAV J. JAMDAR, J.

DATED : 13th DECEMBER 2023 P.C. :

1.

Heard Mr. Sriraj Menon, learned Counsel appearing for the Petitioner, Mr. Rahul More, learned Counsel appearing for Respondent No.1 and Mr. Chate, learned Additional Government Pleader along with Mrs. V. S. Nimbalkar, learned AGP appearing for the State.

2.

Mr. Menon, learned Counsel appearing for the Petitioner states that in view of Order dated 7th December 2023 passed by the Additional Divisional Commissioner, Konkan Division, Mumbai in 1/2

6-wp-14961-2023.doc Sonali Revision No.599 of 2023 granting Order of status quo, he has instructions to withdraw the Writ Petition.

3.

Mr. More, learned Counsel appearing for Respondent No.1 states that he has no objection for withdrawal of the Writ Petition. However, the said Order dated 7th December 2023 has been passed by the Additional Divisional Commissioner, Konkan Division, Mumbai without giving him proper opportunity. He has also raised several contentions.

4.

It is open to the Respondent No.1 to challenge the Order dated 7th December 2023 passed by the Additional Divisional Commissioner, Konkan Division, Mumbai.

5.

It is clarified that this Court has not considered the contentions raised in the Writ Petition on merits as well as the contentions raised by Mr. More, learned Counsel appearing for Respondent No.1 with respect to Order dated 7th December 2023 and all contentions of the parties on merits are expressly kept open.

6.

The Writ Petition is allowed to be withdrawn and dismissed as such, subject to above.

[MADHAV J. JAMDAR, J.] 2/2