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Bombay High CourtWP/12135/2024disposed off

Janabai Narayanrao Javle And Another v. Kshitij Narhari Javle Ug Mother Diksha Narhari Javle And Others

2024-11-12Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:26801

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12135 OF 2024 Janabai Narayanrao Javle And Another

VERSUS

Kshitij Narhari Javle Ug Mother Diksha Narhari Javle And Others Mr. A. A. Khande, Advocate for the petitioners

CORAM

: R. M. JOSHI, J.

DATE : 12th NOVEMBER, 2024 PER COURT :- 1.

This petition takes exception to the award passed by the Lokadalat on the ground of fraud. However, during the course of the hearing it is revealed that the present petitioners were never party to the suit in which the award is passed in the Lokadalat. If it is so there is no question of the petitioners invoking the writ jurisdiction of this Court challenging the award passed by the Lokadalat on the ground of fraud. When this Court has shown its disinclination to grant relief to the petitioners, learned counsel for the petitioners, on instructions, seeks leave to withdraw the petition. He, however, further seeks liberty to substantiate his contention about fraud being played upon him by the respondent in appropriate proceeding.

2.

Petition is dismissed as withdrawn with liberty as prayed. 936.wp12135.24.odt

3.

Dismissal of the petition will not come in a way of the petitioners to pursue remedy available in law. (R. M. JOSHI, J.) ssp 936.wp12135.24.odt