Lieutenant Colonel Khusro Gustasp Jalnawala Through Gpa Tarachand Ebinezer Chakranarayan v. The Maratha Mission Trust, Ahmednagar And Others

1609.2015 WP

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 1609 OF 2015 Lieutenant Colonel Khusro Gustasp Jalnawala through his GPA ...

Petitioner

Versus

The Maratha Mission Trust, Through its Secretary & others ... Respondents .....

Mr. B.V. Virdhe, Advocate for petitioner .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 23rd FEBRUARY , 2015 PER COURT :

1.

After having heard this matter for some time, learned Advocate for the petitioner submits that the petitioner has preferred an independent suit bearing R.C.S. No. 87 of 2014 which is also pending before the Trial Court at Ahmednagar. The respondents herein have been impleaded as respondents in the said matter.

2.

He, therefore, prays for liberty to withdraw this petition so as prosecute R.C.S. No. 87 of 2014 and move an appropriate

1609.2015 WP application before the competent authority for clubbing R.C.S. No. 87 of 2014 with R.C.S. No. 174 of 2011.

3.

In the light of the above, this petition is disposed off with liberty as prayed for. In the event the petitioner makes such an application for clubbing R.C.S. No. 87 of 2014 with R.C.S. No. 174 of 2011, a competent authority shall decide the said application in accordance with law and upon hearing such parties, as it may deem fit, proper and appropriate.

( RAVINDRA V. GHUGE, J. ) SDM* FEBRUARY-2015