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Bombay High CourtCA/5108/2014disposed offdismissed for default

Raghunath Ganpat Gorade, L.Rs. Walambhabai And Others v. Pandu Bala Gorade And Others

2015-02-11Hon'Ble Shri Justice V.K. Jadhav1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4618 OF 2014 WITH CA/5108/2014 IN WP/4618/2014 RAGHUNATH GANPAT GORADE, L.RS. WALAMBHABAI AND OTHERS

VERSUS

PANDU BALA GORADE AND OTHERS ...

Advocate for Petitioners : Mr. S.D. Ghayal ...

CORAM : V.K. JADHAV, J.

Dated: February 11, 2015 ...

PER COURT :- 1.

Heard learned counsel Shri Ghayal for the petitioners. 2.

Learned counsel submits that the petitioner ought to have filed an application under Order 1 Rule X Sub Rule 2 of Civil Procedure Code instead of filing an application for amendment under Order VI Rule XVII of Civil Procedure Code. Learned counsel, thus, seeks permission to withdraw this petition with liberty to file an application under Order 1 Rule X of Civil Procedure Code before the Trial Court.

3.

Permission granted. Writ Petition is disposed of as withdrawn with the liberty as prayed for.

4.

In view of disposal of writ petition, pending civil application also stands disposed of.

( V.K. JADHAV, J. ) ...

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