Sameer S/O. Arun Gupta And Another v. Damodaran S/O. Kannara Mudliar

1 wp 3366.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.3366/2025 Sameer and another V Damodaran - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. S.N. Bhattad, Advocate for petitioners.

Mr. V. Bharadwaj, Advocate for respondent.

CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 03-10-2025.

Heard learned Counsel for the petitioners as well as learned Counsel for the respondent.

2.

It is pointed out that impugned order dated 11-06-2025 is passed on the application for condonation of delay and now after the delay is condoned, the appeal is registered bearing Regular Civil Appeal No.252/2025.

3.

After arguing the matter for some time, learned Counsel for the petitioners seeks permission to withdraw the petition with liberty to file a fresh application in Regular Civil Appeal No.252/2025 seeking stay to the judgment and decree dated 07-10-2024 passed by the 2nd Additional Small Causes Court, Nagpur in Regular Civil Suit No.329/2018. 4.

In view of the controversy involved, the petitioners are permitted to withdraw the instant petition with liberty to file fresh application in the pending civil appeal referred above which may be submitted on the next date of hearing of the appeal. 5.

In this regard, learned Counsel for the respondent, on instructions, makes a statement that in case such application is filed, the respondent will not take steps for execution of the decree till the date, the

2 wp 3366.25.odt said application is filed. The stay application if filed, be decided on its own merits and after considering the position of law applicable. 6.

In view of this, writ petition is disposed of as withdrawn. (Prafulla S. Khubalkar , J.

) Deshmukh