Mangala Madhusudan Chandak And Another v. Gulabbai Devichand Gandhi Lrs Satish Alias Mohan Devichand Gandhi And Others

wp13948.19 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 WRIT PETITION NO. 13948 OF 2019 SMT. MANGALA MADHUSUDAN CHANDAK AND ANOTHER

VERSUS

SMT. GULABBAI DEVICHAND GANDHI (DECEASED) THROUGH LRS SATISH @ MOHAN DEVICHAND GANDHI AND OTHERS .....

Advocate for Petitioners : Mr. Bajaj Anil S.

.....

CORAM : V. K. JADHAV, J.

DATED : 30th JANUARY, 2020 PER COURT:- 1.

Learned counsel for the petitioners, on instructions, seeks leave to withdraw this writ petition. Learned counsel however, submits that the observations made by the learned Judge of the trial court while deciding application Exh.5 so also the observations made by the learned District Judge while disposing of Misc. Civil Appeal No. 18 of 2017 shall not come in the way of the petitioners while disposing of the suit.

2.

Leave granted. Writ petition is dismissed as withdrawn. 3.

The trial court shall decide the suit on its own merits without getting influenced by the observations made while deciding the application Exh. 5 seeking issuance of temporary injunction so also the observations made by the learned District Judge while disposing of Misc. Civil Appeal No. 18 of 2017.

( V. K. JADHAV, J.) rlj/