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Bombay High CourtWP/2423/2018disposed offdismissed for default

Irani @ Saraswatibai Baswantappa Mathpati And Another v. Sulanbai Sambayaappa Mathpatii And Others

2018-03-06Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2423 OF 2018 IRANI @ SARASWATIBAI BASWANTAPPA MATHPATI (SWAMI) AND ANOTHER

VERSUS

SULANBAI SAMBAYAAPPA MATHPATI (SWAMI) AND OTHERS Advocate for Petitioners : Mr. C.V. Thombre.

CORAM : RAVINDRA V. GHUGE, J.

DATED : 06th March, 2018 PER COURT :

1.

This matter was heard for some time. Learned counsel for the petitioners sought a pass over and submits after lunch recess that the petitioners desire to withdraw this petition and pray that their contentions before the Executing Court may be kept open.

2.

Since, this petition pertains to refusal of temporary injunction in R.C.S. No. 102/2017, which refusal is sustained by the appellate Court in Miscellaneous Civil Appeal No. 20/2017, these orders would naturally be restricted to the decision of the Trial Court on the application for seeking temporary injunction under Order XXXIX Rule 1 and 2 of the Code

of Civil Procedure. The petition, is therefore, disposed of as withdrawn.

( RAVINDRA V. GHUGE, J. ) S.P.C.