Devchand Rupchand Dhavaliya v. Taijibkhan Sarfarajkhan And Anothers

2025:BHC-AUG:578 927 WP NO.2047.2016 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 927 WRIT PETITION NO. 2047 OF 2016 DEVCHAND RUPCHAND DHAVALIYA

VERSUS

TAIJIBKHAN SARFARAJKHAN AND ANOTHERS ...

Advocate for the Petitioner : Mr. Sartaj Pathan h/f Mr. S. D. Tawshikar Advocate for Respondents : Mr. Shriram Deshmukh h/f Mr. R. S. Deshmukh ...

CORAM : MANJUSHA DESHPANDE, J.

Dated : January 09, 2025 PER COURT :- 1.

Learned Advocate Mr. Pathan informs that Advocate Mr. Tawshikar appearing for petitioner is appointed as District Judge. Hence, notice will have to be issued to petitioner. As against this, learned Advocate for respondent placed on record the copy of order passed in Regular Civil Suit No. 70 of 2013 wherein the plaintiff has withdrawn the suit. The copy of order, withdrawing the civil suit by withdrawal pursis Exh. 44, has been placed on record wherein the plaintiff has withdrawn the suit unconditionally. The copy of order passed below Exh. 1 in R.C.S. No. 70 of 2013 is taken on record and marked as 'X' for identification.

2.

In view of the withdrawal of the original suit, nothing survives for consideration in the present writ petition. However, if

927 WP NO.2047.2016 -2anything survives, the petitioner is at liberty to approach this Court. Accordingly, writ petition is disposed of.

(MANJUSHA DESHPANDE, J.) Omkar Joshi