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Bombay High CourtWP/4772/2024disposed off

Narayansa Venkobasa Damam Died Through Lrs Rajendrasa Narayansa Damam And Others v. Mubaral Pyarali Lalani And Another

2025-03-17Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:7679 25-WP-4772-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4772 OF 2024 Narayansa Venkobasa Damam Died Through Lrs Rajendrasa Narayansa Damam And Others

VERSUS

Mubaral Pyarali Lalani And Another *** • Mr. C. R. Thorat, Advocate for the Petitioners • Mr. S. S. Bora, Advocate for the Respondent No. 1 • Mr. S. R. Bagal h/f Mr. B. N. Gadegaonkar, Advocate for Respondent No. 2 *** CORAM : R. M. JOSHI, J DATE : MARCH 17, 2025 PER COURT :

1.

After hearing learned Counsels for both sides and when this Court has shown disinclination to cause interference in the impugned order, learned Counsel for Petitioners, on instructions, seeks withdrawal of the Petition with liberty to the Plaintiff to examine witnesses including his constituted attorney. 2.

Petition is dismissed as withdrawn.

Irrespective of dismissal of Petition, it is open for the Petitioners/Plaintiffs to examine any witnesses including his constituted attorney. Evidence, if any, lead by Plaintiffs be evaluated by Trial Court in Umesh

25-WP-4772-2024.odt accordance with law.

3.

Since the suit is of year 2010, Trial Court is directed to conclude the trial on merit within a period of a year from today.

(R. M. JOSHI, J.) Umesh