Kantabai Pandharinath Pawar And Others v. Rajibai Ramchandra Pawar And Others

{1} wp5399-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5399 OF 2016 Kantabai Pandharinath Pawar & Others PETITIONERS

VERSUS

Rajibai Ramchandra Pawar and Others RESPONDENTS .......

Mr. S. G. Nandedkar, Advocate for the petitioners Mr. S. V. Natu, Advocate for respondents No.1,3, 4 and 5 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 25 th JULY, 2018 ORDER :

1.

Learned advocate for the petitioners, on instructions, seeks leave to withdraw the writ petition leaving it open for the petitioners to prosecute the matter pursuant to section 105 of the Civil Procedure Code.

2.

Learned advocate for respondents has no particular objection to the same, however, clarifies that it would also be open for the defendants to take up grounds of resistence as may be available.

3.

Leave granted.

4.

Writ petition stands disposed of with liberty as prayed for

{2} wp5399-16 without undermining resistance of other side on grounds other than preference of writ petition. Suit, however, may be proceeded with expeditiously and same be disposed of as early as possible, preferably within a period of six months from the date of receipt of writ of this order.

[SUNIL P. DESHMUKH, J.] drp/wp5399-16