Noor Mohammad Abdul Gaffar Isani v. Kisanlal Satyanarayan Kesarwani And Others

1 wp1459.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1459 OF 2019 (NOOR MOHAMMAD ABDUL GAFFAR ISANI...VS.. KISANLAL SATYANARAYAN KESARWANI & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.S.Bhattad, Advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 27, 2019.

Heard.

The original plaintiff has challenged the writ issued by the learned trial Judge to the Commissioner, for local investigation. The learned Advocate for the petitioner states that the Commissioner is appointed as per the judgment given by this Court in Writ Petition No. 6345 of 2014 on 3rd October 2016 for taking measurement of the disputed land, but the writ which is issued by the trial Court does not clarify this. It is prayed that the petitioner be permitted to withdraw the petition with liberty to file application before the trial Court for issuing fresh writ to the Court Commissioner.

The writ petition is dismissed as withdrawn, with liberty as prayed for. No costs.

JUDGE RRaut..