Anandrao Shamrao Lonsune v. Siddheshwar Kundlik Lonsune And Others

2023:BHC-NAG:14370 14.wp.2426.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2426 OF 2022 Anandrao Shamrao Lonsune .Vs. Siddheshwar Kundlik Lonsune and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.M. Tirukh, Advocate for petitioner.

CORAM : ANIL S. KILOR, J.

DATED : 03/10/2023 1.

In view of the fact that, the learned trial Court while rejecting the application for appointment of Court Commissioner has observed that, even before the application for temporary injunction was decided, the application for appointment of Court Commissioner was moved with an intention to collect the evidence, the petitioner seeks permission to withdraw the present writ petition with liberty to file application for appointment of Court Commissioner at appropriate stage.

2.

Accordingly, the writ petition is disposed of as withdrawn with liberty as prayed for.

3.

All the points are kept open.

14.wp.2426.22.odt 4.

It is made clear that, if any such application is moved by the petitioner, the learned trial Court shall decide it in accordance with law.

The writ petition is disposed of as withdrawn. No order as to costs.

JUDGE C.L.Dhakate