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Bombay High CourtCRA/27/2015disposed offdismissed for default

Bhagwan Laxman Bhujbal Died Through Lrs Laxmibai v. Mulani Masjid Shikrapur And Others

2017-07-14Hon'Ble Shri Justice Nitin W. Sambre1 pages

cra27.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.27 OF 2015 Bhagwan s/o Laxman Bhujbal (Died), Through L.Rs. & ors.

..APPLICANTS

VERSUS

Mulani Masjid at Shikrapur & ors.

..RESPONDENTS Mr S.S. Thombre, Advocate for applicants CORAM : N.W. SAMBRE, J.

DATE : 14th July, 2017 ORAL ORDER The applicants filed Waqf Suit No.94 of 2012, based on title, for declaration and injunction, which came to be dismissed by judgment and order dated 6th September, 2014.

2.

After having heard for some time, Mr Thombre, learned Counsel appearing on behalf of the applicants, having realized that the title to the suit property was not established, seeks leave to withdraw Waqf Suit No.94 of 2012 with liberty to file a fresh suit. The liberty as sought for since is not objected as none appears on behalf of the respondents, liberty as prayed for stands granted. Waqf Suit No.94 of 2012 stands disposed off as withdrawn, with liberty as prayed.

3.

Time consumed in prosecuting the present proceedings be considered in case issue of limitation is raised. (N.W. SAMBRE, J.) amj