Rameshwar Khandu Kolhe v. Vaijinath Prabhu Gore And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10026 OF 2019 Rameshwar s/o Khandu Kolhe Petitioner versus Vaijinath s/o Prabhu Gore and others Respondents Mr. M.U. Shelke, advocate for the petitioner. ...

CORAM : RAVINDRA V. GHUGE, J.

Date: August 14th, 2019 ...

PER COURT :- The petitioner is aggrieved by the order dated 14.6.2019, by which, the Trial Court has rejected Application Exhibit 36 filed by the petitioner - defendant No.3, seeking appointment of TILR as the Court Commissioner in RCS No.1137/2017. The learned advocate for the petitioner seeks liberty to withdraw this petition and give-up the challenge to the impugned order dated 14.6.2019, so as to challenge the order dated 4.12.2017, by which the Trial Court has allowed application Exhibit 25 and appointed a Court Commissioner, at the request of the plaintiff, even before Application Exhibit 5 was decided. In view of the above, this petition is disposed off, as withdrawn, with liberty to challenge the earlier order dated 4.12.2017.

(RAVINDRA V. GHUGE, J) vbd