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Bombay High CourtWP/11774/2019disposed offdismissed for default

The Agriculture Produce Market Committee At Parner Through Secretary Shivaji Maruti Pansare v. Raju Mahadu Khose And Others

2019-09-30Hon'Ble Shri Justice Ravindra V. Ghuge1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 29 WRIT PETITION NO.11774 OF 2019 THE AGRICULTURE PRODUCE MARKET COMMITTEE

VERSUS

RAJU MAHADU KHOSE AND OTHERS ...

Advocate for Petitioner : Shri Hon V.D. i/b Shri Hon A.V. Advocate for Respondents 1 to 6 : Shri Gholap A.M. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: September 30, 2019 ...

PER COURT :- 1.

Though the learned Advocate for the respondents is willing to tender an affidavit that the shops will be demolished since the suit is decreed against them, the learned Sr. Advocate submits, on instructions, that the petitioner desires to withdraw this petition, so also the petitioner desires to file an application before the trial Court to seek withdrawal of the suit and institute a fresh suit with correct property details.

2.

In view of the above, this petition is disposed off as withdrawn. In the event the plaintiff prefers an application before the trial Court seeking withdrawal of the suit with liberty to file a fresh suit, the trial Court would consider the said application on it's own merits, in the light of the contentions of the parties. ( RAVINDRA V. GHUGE, J. ) ...

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