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Bombay High CourtWP/7683/2022dismissed

Gurunath Vitthal Bobade v. Tukaram Nivrutti Kanse And Others

2022-07-22Hon'Ble Shri Justice Mangesh S. Patil1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 WRIT PETITION NO.7683 OF 2022 GURUNATH VITTHAL BOBADE

VERSUS

TUKARAM NIVRUTTI KANSE AND OTHERS ...

Advocate for Petitioner : Mr. Murge Estling S. AGP for the respondent - State : Mr. K.B. Jadhavar ...

CORAM

: MANGESH S. PATIL, J.

DATE : 22 JULY 2022 PC :

The petitioner is aggrieved by the fact that in spite of their request for transfer of a suit filed by the contesting respondents under section 5(2) of the Mamlatdars' Courts Act, 1906, to some other Mamlatdar and though the application is still pending, the Mamlatdar was not ready to stay off hearing the suit.

2.

Learned AGP, on instructions, makes a statement that the Mamlatdar has already passed a final order in the suit on 01-07-2022. 3.

Learned advocate for the petitioner seeks leave to withdraw the writ petition with liberty to avail of the remedy to challenge the orders passed by the Mamlatdar.

4.

Dismissed as withdrawn with the liberty as prayed for. 5.

All the issues are kept open.

[ MANGESH S. PATIL ] JUDGE arp/