Angad Panditrao Mali v. Manisha Angad Mali

2024:BHC-AUG:27499 48-WP-3128-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3128 OF 2023 Angad Panditrao Mali

VERSUS

Manisha Angad Mali *** • Mr. M. L. Dharashive, Advocate for the Petitioner • Mr. A. A. Joshi h/f Mr. S. V. Natu, Advocate for the Respondent *** CORAM : R.M. JOSHI, J DATE : NOVEMBER 25, 2024 PER COURT :

1.

At the outset, learned Counsel for Respondent has raised objection about maintainability of the Petition on the ground that the order impugned is deemed decree under Section 2(2) of the Code of Civil Procedure. Thus, it is his contention that Writ Petition is not maintainable, though Petitioner may avail appropriate remedy as provided by law.

2.

Learned Counsel for the Petitioner seeks withdrawal of the Petition with liberty to file appropriate proceeding as per law.

3.

Petition is dismissed as withdrawn with liberty as prayed for.

(R.M. JOSHI, J.) Umesh