Irshad Khan S/O Ibrahim Khan v. Ashok S/O Muljibhai Thakkar And Others

2024:BHC-NAG:9929 1 wp 467.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.467/2024 (Irshad Khan v Ashok and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Chandekar, Advocate for petitioner.

Mr. A.A. Bansod, Advocate for respondent nos.1 and 2. CORAM : N.R. Borkar, J.

DATE : 03-09-2024.

Learned Counsel for the petitioner, on instructions, seeks leave to withdraw the present petition. He, however, submits that contesting respondents may not be permitted to create third party interest in the suit property without permission of the Court. ii.

Learned Counsel for the contesting respondents submits that in absence of any prima facie case in favour of the petitioner, relief as sought may not be granted.

iii.

Considering the facts and circumstances, during the pendency of suit third party interest, if any, is created in the suit property, then the concerned parties including the contesting respondents shall not claim any equities on the ground that the prayer of the petitioner in that respect was rejected. iv.

The petition is disposed of as withdrawn.

(N.R. Borkar, J. ) Deshmukh