Smt. Meena W/O Shankar Khapekar v. Smt. Mithil S/O Dhanraj Dobarkar

27-wp-1536-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 1536 of 2020 Smt. Meena S/o Shankar Khapekar

Versus

Smt. Mithil S/o Dhanraj Dobarkar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.B.Moon, Advocate for the petitioner.

Shri Aditya Bansod, Advocate for the sole-respondent. CORAM : ANIL S. KILOR, J.

DATED : 3rd JULY, 2023.

Learned counsel for the respondent raises an objection to the maintainability of the present petition and submits that dismissal of appeal on the ground of condonation of delay amounts to dismissal of appeal against which a second appeal would be maintainable and not the writ petition.

2.

Thereupon, the learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file a second appeal. 3.

Permission is granted to withdraw the petition with liberty to file a second appeal. 4.

The writ petition is disposed of as withdrawn with liberty as prayed for.

[ANIL S. KILOR, J.] SKNair