Chilappa Dagdappa Hundiwale v. Durgabai Ambadas Ingle

*1* wp.1030.15.28 kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1030 OF 2015 Chilappa Dagdappa Hundiwale.

..Petitioner -VersusDurgabai Ambadas Ingle.

..Respondent ...........

Ms.Shubhangi D. More, Advocate for the Petitioner. ...........

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 03rd February, 2015 Per Court:

The matter was heard for sometime. Since the impugned order dated 10.10.2014 is an order passed below Exhibit-5 under Order 39 Rules 1 and 2 of the Code of Civil Procedure in RCS No.100/2014, the Petitioner seeks leave to withdraw this Writ Petition so as to prefer a Miscellaneous Civil Appeal for challenging the impugned order. In the light of the statement made, this Writ Petition is dismissed as withdrawn with liberty to avail of an alternate remedy in law. In the event the remedy that would be resorted to by the Petitioner is affected by limitation, the pendency of this petition from

*2* wp.1030.15.28 23.12.2014 till the passing of this order shall be a good ground in support of condonation of delay.

(RAVINDRA V. GHUGE, J.)