Prabhawati W/O. Bandupant Jawarkar And Others v. Shriram S/O. Abhiman Patil And Others

wp4194.24.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.4194 OF 2024 (Prabhawati w/o Bandupant Jawarkar and others Vs. Shriram s/o Abhiman Patil and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Smt. S. W. Deshpande, Advocate for Petitioners. Mr. J. J. Chandurkar, Advocate for Respondent No.1. CORAM: N. R. BORKAR, J.

DATE: 23 rd OCTOBER, 2024.

The learned counsel for the petitioners, on instructions, seeks leave to withdraw the present petition with liberty to raise all the contentions which are sought to be raised in the present petition before the Executing Court in relation to the Will at Exhibit-135.

2.

The petition is disposed of as withdrawn with liberty as sought.

3.

Considering the facts and circumstance of the case the Executing Court shall endeavour to decide the objection filed by the present petitioners under Section 47 of the Code of Civil Procedure within a period of four months from the date of receipt of copy of this order. 4.

Needless to mention that the Executing Court shall deal with the contentions of the petitioners in respect of the Will afresh at the time of deciding the objection filed by the petitioners.

(N. R. BORKAR, J.) NSN