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Bombay High CourtWP/6308/2021withdrawn

Balasaheb Shankar Shinde And Another v. Balasaheb Narayan Pawar And Others

2021-05-03Hon'Ble Shri Justice V.K. Jadhav2 pages

{1} wp630821.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6308 OF 2021 Balasaheb Shankar Shinde & another Petitioners

Versus

Balasaheb Narayan Pawar & others Respondents Mr.Zafar M. Pathan, advocate for the Petitioners. CORAM : V.K.JADHAV, J.

DATE : 03rd May, 2021.

PC :

I have heard learned Counsel for the petitioners for some time.

Learned Counsel for the petitioners, on instructions, seeks leave to withdraw the petition with liberty to the petitioners to question the ex parte order of injunction before the trial Court. The learned Counsel for the petitioners submits that however the trial Court should not get infuenced by the observations made by the learned District Judge-2, Newasa, District Ahmednagar in Misc. Civil Appeal No.08 of 2021.

{2} wp630821.odt Leave granted.

Writ Petition is disposed of as withdrawn with liberty to the petitioners to question the ex parte order of injunction passed below Exhibit-5 by the trial Court and the trial Court, if the petitioner chooses to question the ex parte order of injunction, shall decide the same on its own merits without getting infuenced by the observations made by the learned District Judge-2, Newasa, District Ahmednagar, by order dated 03.04.2021 in M.C.A. No.08 of 2021. The petitioners are at liberty to request the trial Court for expeditious hearing of the said application.

(V.K.JADHAV) JUDGE adb