Avinash Shriram Gawde And Others v. Kaushalyabai Sudamrao Bharne And Others

2024:BHC-AUG:10327 1 920

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 4309 OF 2024 IN WP/146/2023 AVINASH SHRIRAM GAWDE AND OTHERS

VERSUS

KAUSHALYABAI SUDAMRAO BHARNE AND OTHERS ...

Advocate for Applicants :

Ms. Namita Thole h/f Mr. Venjane Tukaram M.

Advocate for Respondent No.1: Mr. C. V. Bodhre h/f. Mr. R. V. Gore Advocate for Respondents No.2 & 3: Mr. V. B. Jagtap ...

WITH WRIT PETITION NO. 146 OF 2023 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10th MAY, 2024 PER COURT:

1.

Heard.

2.

This court by order dated 06.05.2024 had asked the petitioner no.5 namely Shantabai to remain present before the Registrar (Judicial) of this court, as she was seeking leave to withdraw the present petition and surrender her share to the present respondents no.2 and 3 / original defendants no.13 and 14. In pursuance of the order passed by this court dated 06.05.2024, respondent no.5 remained present before the Registrar (Judicial) of this court and the Registrar (Judicial) of this

2 920 court has verified the statement of petitioner no.5 namely Shantabai and has per the report of the Registrar (Judicial) of this court, on being question, she has stated that she has surrendered her share in favour of respondents no.2 and 3 / original defendants no.13 and 14 and that she has also filed an affidavit on record stating that she has waived her rights in favour of respondents no.2 and 3 / original defendants no.13 and 14. 3.

In view of the verification done by the Registrar (Judicial) of this court, the petitioner no.5 namely Shantabai is permitted to withdraw the petition to her extent.

4.

List the matter, on 14.06.2024.

5.

The civil application stands disposed of accordingly. [ARUN R. PEDNEKER, J.] marathe