Shaikh Nasiroodin Ahemoddin, Jaheda Begum Slauddin And Others v. Shaikh Daliloddin Tamijoddin, Lrs Dastagir Tamizoddin And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1404 OF 2015 SHAIKH NASIROODIN AHEMODDIN, JAHEDA BEGUM SLAUDDIN (DIED) THROUGH LR'S PETITIONERS

VERSUS

SHAIKH DALILODDIN S/O TAMIJODDIN (DIED) AND OTHERS RESPONDENTS Mr.Qureshi S.Abdul Gafar, Advocate for the petitioners. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 17/02/2015 PER COURT :

1.

The petitioners Shaikh Nasiruddin and Jaheda Begum (Now deceased) were the original plaintiffs in RCS No.316/1987. Same was dismissed in default on 28/11/1994. Misc.Appl.No.26/1995 was filed on 22/03/1995. Same was also dismissed in default on 30/10/2014. Rather than preferring an application for restoration alongwith condonation of delay application, the petitioners have preferred this writ petition.

2.

The petitioners, therefore, seek leave to withdraw this petition in order to avail the remedy of seeking restoration alongwith application for condonation of delay in connection with M.A.No.26/1995 dismissed khs/Feb. 2015/1404-15 (d)

in default on 22/05/1995.

3.

In the light of the above statement, the petition is dismissed, as withdrawn, with liberty to avail of the legal remedy as prayed for. The time spent by the petitioners in this Court from 14/01/2015 till this date of passing of the order, shall be a ground for condonation of delay.

( RAVINDRA V. GHUGE, J.) khs/Feb. 2015/1404-15 (d)