Abdul Kadir Abdul Kadar And Others v. Ramdas S/O Oriram Kanojiya Since Deceased Thr. Lrs. And Others

2024:BHC-NAG:6347

32. WP 3160 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3160/2022 Abdul Kadir Abdul Kadar and others ...Versus...

Ramdas s/o Oriram Kanojiya Since deceased through Lrs - Saraswatibai Ramdas Kanojiya and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. Anand Parchure, Advocate for petitioners Mr. R.G. Kavimandan, Advocate for respondent nos.1-A to F, 2 to 6, 8 to 11 & 15 Mrs. Mrunal Naik, AGP for respondent nos.9 to 22 CORAM : N.R. BORKAR, J.

DATE : 20/06/2024 1.

Mr. Anand Parchure, learned counsel for the petitioners seeks leave to withdraw the present petition with liberty to file appeal against the impugned judgment and decree dated 02/05/2022 passed by the Civil Judge (S.D.), Akola in Regular Civil Suit No.338/2015.

2.

Leave is granted. The petitioners are permitted to file appeal against the impugned judgment and decree. 3.

If such appeal is filed within a period of three weeks from today, the same shall be treated as within limitation and the appellate Court shall decide the same on its own merits.

4.

The learned counsel for the petitioners submits that the interim order dated 10/06/2022, passed by this Court

32. WP 3160 of 2022.odt be continued till the appellate Court decides an application for interim stay.

5.

Mr. R.G. Kavimandan, learned counsel for the contesting respondents submits that the interim order may not be continued.

6.

However, considering the facts and circumstances of the case, the interim order dated 10/06/2022, passed by this Court, shall remain in force till decision of the stay application by the appellate Court.

7.

The writ petition is disposed of in the aforesaid terms. No order as to costs.

(N.R. BORKAR, J.) Wadkar