Sulochana W/O Anil Patil v. The Chairman, Nagpur Improvement Trust, Nagpur

2025:BHC-NAG:5216-DB 1 WP 2825.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2825 OF 2025 [Sulochana w/o Anil Patil .vs. The Chairman, Nagpur Improvement Trust, Sadar, Nagpur] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Santosh T. Chavhan, Advocate with Shri Pritam Harilal Khandate, Advocate for the Petitioner.

Shri Kuldeep Mahalle, Advocate for the Respondent-NIT. ....................

CORAM : PRAVIN S. PATIL, J.

DATE : 29 th MAY, 2025 .

1.

Heard the learned counsel for the parties.

2.

By this petition, the petitioner is challenging the order of the 14th Joint Civil Judge, Senior Division and ACJM, Nagpur dated 28.052025, by which, the application filed by the petitioner for temporary injunction in a pending Civil Suit bearing R.C.S. No.686/2023 is rejected.

3.

The learned counsel for the respondent raised a preliminary objection that against the impugned order dated 28.05.2025 there is an alternative remedy of filing appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure. 4.

In view of preliminary objection, the learned counsel for the petitioner, on instructions, seeks permission to withdraw this petition with liberty to approach the Civil Court. Permission is granted.

5.

Writ Petition stands disposed of as withdrawn with liberty, as prayed for. Steno copy is allowed. (PRAVIN S. PATIL, J.) Gulande