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Bombay High CourtWP/4773/2018disposed offdismissed for default

Subhash Mangilal Chavan v. Ranjit Gabbusing Rathod And Others

2018-11-21Hon'Ble Shri Justice Nitin Jamdar2 pages

Madkar 1 W.P. No. 4773/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

904. WRIT PETITION No. 4773 of 2018 Subhash S/o Mangilal Chavan ... Petitioner

Versus

Ranjit Gabbusing Rathod and others ...

Respondents Mr Sk. Ashraf Patel, Advocate, holding for Mr. R.H. Wagh, Advocate for petitioner.

Coram : N.M. Jamdar, J.

Date : 21 November 2018.

PER COURT :

1.

Heard learned Counsel for the petitioner.

2.

Learned Counsel for the petitioner states that due to inadvertence, names of heirs of deceased defendants No. 2 and 5, though were supplied to the petitioners/plaintiffs, were not mentioned in the application. Prima facie, it appears that this is the main reason on which application for bringing heirs of the deceased defendants and setting aside abatement order has been rejected. 4.

The learned Counsel for the petitioner states that he

Madkar 2 W.P. No. 4773/2018 received instructions to withdraw the petition and to make afresh application to the learned Civil Judge and, as such, he seeks leave to withdraw the petition.

4.

Leave granted. Writ petition is accordingly disposed of as withdrawn with above liberty. All contentions of all parties are kept open.

N.M. Jamdar, J.