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Bombay High CourtWP/770/2018disposed off

Bharati Manohar Solanki v. State Of Maharashtra And 2 ORS

2018-03-07Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

908-wpl-3637-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.3637 OF 2017 Bharati Manohar Solanki

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. Amit Kapse, for the Petitioner Mr. C.G. Patil a/w. Mr. M.G. Bagkar, for the Respondent No. 3. Mr. Himanshu Takke, AGP for the Respondent -State. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

MARCH 07, 2018 P.C.:

.

Parties through their counsel.

2.

After arguing for some time, the learned counsel for the Petitioner seeks leave to withdraw the Petition with liberty to file a Civil Suit for the reliefs claimed in this Petition. He however, submits that for a period of two weeks the interim protection may be granted to the Petitioner so that she may not be dispossessed by the Respondents from the premises in question. 3.

Having considered the aforesaid prayer as agreed by the learned counsel appearing for the parties, we dispose of this Petition with liberty to the Petitioner to approach the Civil Court for redressal of her grievances.

Vishal Parekar 1/2

908-wpl-3637-2017.doc 4.

We make it clear that for a period of two weeks no coercive steps be taken against the Petitioner by the Respondents for evicting her from the said premises.

5.

Further it is also made clear that the trial Court shall not be influenced by this arrangement and shall decide the application for injunction and suit as may be filed by the Petitioner, on its own merits in accordance with law.

6.

The Petition stands disposed of as such.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2