Rajendra Angad Katkar And Another v. Shrirang Maroti Shendage And Others

2025:BHC-AUG:21849 (1) 7-wp-9420-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9420 OF 2025 RAJENDRA ANGAD KATKAR AND ANOTHER

VERSUS

SHRIRANG MAROTI SHENDAGE AND OTHERS ...

Mr. Shriram Vinod Deshmukh, Advocate for the Petitioner. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 11th AUGUST, 2025.

P.C.:- 1.

The learned Advocate appearing for petitioners submits that prayers for appointment of Court Commissioner has been rejected on the ground that suit is simplicitor for perpetual injunction and there is no dispute about encroachment. The learned Advocate further submits that petitioners/plaintiffs want to amend plaint and insert prayers or may pray for removal of encroachment. He submits that, in such case petitioner may be permitted to file fresh application for appointment of Court Commissioner. With such liberty, he seeks permission to withdraw writ petition. 2.

Writ Petition stands dismissed as withdrawn with liberty as prayed.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2025