Shri Pradeep S/O Shri Suresh Choudhary v. Nagpur Improvement Trust, Nagpur Through Its Chairman And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2665/2015 Shri Pradeep s/o Shri Suresh Choudhary ...Versus...

Nagpur Improvement Trust, Nagpur, through its Chairman and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Joshi, Advocate for petitioner Shri M.V. Samarth, Advocate for respondent nos.1 to 4 Shri S.G. Jagtap, Advocate for respondent no.6 CORAM : SMT. VASANTI A NAIK AND KUM. INDIRA JAIN, JJ.

DATE : 16.08.2016 Since after hearing the learned Counsel for the parties, we find that several disputed questions of facts arise for determination in this writ petition, Shri A.M. Joshi, the learned Counsel for the petitioner states that the petitioner would file appropriate proceedings in the civil Court, challenging the action of the Nagpur Improvement Trust. It is, however, stated that since a statutory notice of two months is required to be served on the Nagpur Improvement Trust before institution of the suit, the ad interim relief granted by this Court on 6.5.2015 may be continued for a period of three months.

The request made on behalf of the petitioner is just and reasonable. Hence, we permit the petitioner to withdraw the writ petition with liberty to take up appropriate proceedings. The writ petition stands disposed of as withdrawn. The points raised in the petition are kept open. The ad interim relief granted on 6.5.2015 to continue for a period of three months and ten days.

JUDGE JUDGE Wadkar

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : S.S. Wadkar, P.S. Uploaded on : 18/08/2016