Sheshrao Maroti Shelke And Another v. The State Of Maharashtra And Others

2024:BHC-AUG:17922 1 61

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 WRIT PETITION NO. 5423 OF 2023 SHESHRAO MAROTI SHELKE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Nagarkar Kiran M. AGP for Respondent/State: Ms. Kavita R. Jamdhade Advocate for Respondent No.3 : Mr. Akash Gade ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 12th AUGUST, 2024 PER COURT:

1.

The learned counsel appearing for respondent no.3 raises an objection that against the impugned order, first appeal is maintainable as the impugned order is decided on merits.

2.

Considering the objections raised by learned counsel for respondent no.3, the learned counsel appearing for the writ petitioner seeks leave to withdraw the present writ petition and file an appropriate first appeal challenging the order passed by the reference court dated 15.01.2013.

3.

The present writ petition is disposed of with liberty to approach the first appellate court to challenge the impugned order. The time spent in prosecuting the present writ petition to be excluded in computing the period of limitation for filing the first appeal. [ARUN R. PEDNEKER, J.] marathe