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Bombay High CourtWP/11202/2019disposed offdismissed for default

Jawahar Premraj Mutha v. Shrikant Bansilal Mutha And Others

2020-01-20Hon'Ble Shri Justice V.K. Jadhav2 pages

16-WP-11202-2019.odt -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11202 OF 2019 WITH WRIT PETITION NO. 11208 OF 2019 JAWAHAR PREMRAJ MUTHA

VERSUS

SHRIKANT BANSILAL MUTHA AND OTHERS ...

Advocate for Petitioner: Mr. Pradeep Deshmukh h/f Mr. Anand D. Kawre Advocate for Respondent Nos. 1 and 8: Mr. R.R. Mantri Advocate for Respondent No.5: Mr. Vijay V. Deshmukh ...

CORAM : V. K. JADHAV, J.

DATED : 20th January, 2020 PER COURT :- 1.

Learned counsel for respondent nos. 1 and 8 - original plaintiffs, on instructions, submits that the respondents are not going to examine respondent no.1 - original plaintiff viz. Shrikant Bansilal Mutha as a witness. 2.

Learned counsel for the petitioner submits that by transposing the original defendant no.8 as a plaintiff, the respondents - original plaintiffs are examining him at initial stage and thereafter, they would examine the original plaintiff no.1 viz. Shrikant Bansilal Mutha. However, the apprehension expressed by the learned counsel for the petitioner does not exist in view of the statement made by the learned counsel for

16-WP-11202-2019.odt -2respondent nos.1 and 8. Learned counsel for respondent nos. 1 and 8 has also placed on record the pursis to that effect. 3.

In view of the above, the learned counsel for the petitioner, on instructions seeks leave to withdraw both the writ petitions. Leave granted. Both the writ petitions are disposed of as withdrawn.

4.

The parties may file an application for expeditious hearing of the suit and upon filing such application, the trial court may consider it.

(V. K. JADHAV, J.) Sam..