Smt. Natasha Rakesh Shrimal Through Poa Holder v. Kondu Raghu Gharat And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4980 OF 2019 Natasha Rakesh Shrimal ... Petitioner

Versus

Kondu Raghu Gharat and Ors.

...Respondents

Mr. B. A. Walimbe, for the Petitioner.

Mr. Y. D. Patil, A.G.P. for the State.

CORAM : REVATI MOHITE DERE, J.

DATE : 26th FEBRUARY, 2020 P.C. :

1.

Learned Counsel for the petitioner, does not press this Petition and seeks leave to withdraw the same. He, however, submits that the trial Court be directed to implement the order dated 16th December, 2016, passed below Exhibit - 105 in Regular Civil Suit No.1 of 1998. He further submits that the said order dated 16th December, 2016, has neither been challenged by the petitioner nor the respondents. He submits that in this view of the matter, the trial Court be directed to implement the said order dated 16th December, 2016, by which, the trial Court had appointed a Court Commissioner.

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The Petition is accordingly disposed of as withdrawn with the following observations.

3.

It is made clear, that this Petition has not been considered on merits. However, since the order dated 16th December, 2016, appointing a Court Commissioner has not been challenged by any of the parties, the trial Court to ensure implementation of the said order, as expeditiously as possible and in any event within 3 months from the date of receipt of this order.

4.

Learned AGP states that he will inform the concerned T.I.L.R. as well as the concerned police station/authorities, to ensure co-operation in the implementation of the order dated 16th December, 2016. 5.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.