Mohan Nanarao Chincolikar v. Bhagirathi Chandrashekhar Dalgade And Others

{1} WP 1027 OF 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO.1027 OF 2018 MOHAN NANARAO CHINCHOLIKAR

VERSUS

BHAGIRATHI CHANDRASHEKHAR DALGADE AND OTHERS ...

Advocate for Petitioner : Shri Chaitanya V. Dharurkar Advocate for Respondent Nos.1 to 4 : Shri P.V.Barde Advocate for Respondent Nos.5 to 11 : Shri M.K.Bhosale ...

CORAM : P.R.BORA, J.

DATE: 30th July, 2019 PER COURT:- The learned counsel for the petitioner, on instructions, seeks leave to withdraw the present petition with liberty to file and/or initiate an independent proceeding for removal of the encroachment allegedly made by Siddhanna Dalgade. The learned counsel has also prayed for continuing the effect of the order passed by this Court on 25.01.2018.

The learned counsel appearing for the respondents have strongly opposed for continuation of the order passed by this Court on 25.01.2018.

After having considered the submissions made and on perusal of the material which is available on record, I deem it

{2} WP 1027 OF 2018 appropriate to pass the following order:-

ORDER

I) The petitioner is permitted to withdraw the present petition with liberty to file and/or initiate an independent proceeding in accordance with law. II) The petitioner shall file such proceeding within four weeks from the date of this order.

III) The interim order passed by this Court on 25.01.2018, shall remain in force till then.

IV) It need not be stated that, if the Suit is not filed within the stipulated period, the interim order shall automatically stand vacated.

V) Writ Petition stands disposed of.

(P.R.BORA) JUDGE SPT