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Bombay High CourtWP/12111/2016disposed offdismissed for default

Tulshiram Pandu Kadale And Another v. Vitthal Baban Aher And Others

2017-11-09Hon'Ble Shri Justice Nitin W. Sambre2 pages

12111.16wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12111 OF 2016 Tulshiram s/o Pandu Kadale, Age: 35 years, Occ: Agri., R/o. Gargaon, Tq. Sangamner, Dist. Ahmednagar & anr ..PETITIONERS

VERSUS

Vitthal s/o Baban Aher, Age: 50 years, Occ: Agri., R/o. Gargaon, Tq. Sangamner, Dist. Ahmednagar & ors ..RESPONDENTS Mr Satyajeet S. Dixit, Advocate for petitioners; Mr R.A. Tambe, Advocate for respondents CORAM : NITIN W. SAMBRE, J.

DATE : 9th NOVEMBER, 2017 ORAL ORDER :

Learned Counsel for the petitioners, upon instructions, makes a motion for withdrawal of the petition. He submits that the interim order dated 13th December, 2016 be continued for period of twelve weeks, as the petitioners intend to initiate civil suit in the matter.

2.

Mr. Tambe, learned Counsel for the

12111.16wp (2) respondents dispute the said continuation.

3.

In the interest of justice, the order dated 13th December, 2016 is continued for period of twelve weeks from today.

4.

The petitioners are at liberty to initiate the civil suit.

5.

If there is no injunction ordered by the trial Court, interim order dated 13th December, 2016 shall cease to operate after expiration of twelve weeks from today.

6.

This Court has not examined the rights of the parties.

7.

The writ petition stands disposed of in above terms.

( NITIN W. SAMBRE, J.) Tupe