Sanjay S/O Gulab Bartine (Balchanne) v. Gulab S/O Motiram Bartine (Balchanne) And Others

1 wp5244.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5244 of 2017 Shri Sanjay S/o Gulab Bartine (Balchanne) -VsShri Gulab S/o Motiram Bartine (Balchanne) and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.B. Zinjarde, Adv. for the petitioner.

Shri R.G. Kavimandan, Adv. for the respondents. CORAM : Z.A.HAQ, J.

DATED : 26 th July, 2019 The Advocate for the petitioner states that the petitioner has lost possession of the suit property and therefore, the grievance in the petition does not survive. It is submitted that the petitioner now intend to amend the civil suit to seek decree for possession of the suit property, and it is prayed that the petitioner be permitted to withdraw the petition.

Shri R.G Kavimandan, Advocate for the respondent Nos. 1 and 5 has no objection for withdrawal of the petition.

The petition is disposed as withdrawn. In the circumstances, the parties to bear their own costs. It is clarified that the points raised in this petition are not adverted to.

2 wp5244.17 CIVIL APPLICATION NO. 1806 OF 2018 In view of the disposal of the writ petition, this application praying for grant of permission to withdraw a part of the claim made in the petition does not survive. It is disposed accordingly. No costs.

JUDGE Trupti