Mohammad Noor Raj Mohammad Tamboli v. Salabat Khan Ajim Khan Died Thr Lrs Majjid Khan Alias Majidkhan Salabat Khan Pathan And Others

2025:BHC-AUG:32797

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO. 13006 OF 2025 Mohammad Noor Raj Mohammad Tamboli

VERSUS

Salabat Khan Ajim Khan Died Thr Lrs Majjid Khan Alias Majidkhan Salabat Khan Pathan And Others ...

Advocate for the Petitioner : Mr. Rathi Swapnil S. Advocate for Respondents 1 /1 to 1/9: Mr. A. R. Syed h/f Mr. Faij Khan R/1/1 To 1/9 ...

CORAM : ARUN R. PEDNEKER, J.

Dated : November 28, 2025.

PER COURT :- 1.

The learned Counsel for the petitioner submits that, in view of the objection taken by the respondent, that alternate remedy of appeal is available to challenge the impugned order, he seeks leave to withdraw the present writ petition with liberty to file an appeal. He further submits that, in the event the appeal is filed, the time spent in prosecuting the present petition may be excluded, in computing the period of limitation in filing appeal.

2.

In view of the above, the petition stands dismissed as withdrawn, with liberty to file an appeal. It is made clear that the time spent in prosecuting the present writ petition shall be excluded while considering the limitation period, in filing appeal.

3.

All points are kept open.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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