Rabiyabi Takhi Ansari And Others v. Jaywantabai Bapu Dahe And Others

2025:BHC-AUG:9170 1 33-wp 3779-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3779 OF 2025 Rabiyabi Takhi Ansari And Others .. Petitioners

Versus

Jaywantabai Bapu Dahe And Others .. Respondents Mr. Suraj V. Gundre, Advocate for the Petitioners. CORAM :

KISHORE C. SANT, J.

DATED : 26th MARCH, 2025.

P. C. :- .

Heard learned advocate for the petitioners.

2.

The application of the petitioners - original plaintiffs for appointment of Commissioner came to be rejected by the learned Civil Judge Junior Division, Manwat below Exh. 18 in R.C.S. No. 49/2024. From the order it is seen that, the parties are yet to lead the evidence to prove their case. The application is filed at premature stage. 3.

The learned advocate, in view of above position, for the petitioners seeks leave to withdraw the petition with liberty to file an application at appropriate stage.

4.

Leave granted with liberty as prayed for. The learned Trial Court

2 33-wp 3779-2025.odt to decide such application, if filed, on its own merits. This Court has not made any observations on merits.

5.

With this, the writ petition stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.