Bombay High CourtWP/6558/2017withdrawn

Mahadeo S/O Shivram Uchade (Since Dead) Thr. Lrs. Smt. Kolilabai @ Durgabai Mahadeo Uchade And ORS v. Rameshkumar S/O Jagdishprasad Chandak

2019-09-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp6558.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6558/2017 Mahadeo S. Uchade Thru LRs ..VS..

Rameshkumar J. Chandak - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.P. Tathod, Advocate for the petitioner(s) Shri N.R. Saboo, Advocate for the respondent CORAM : Z.A.HAQ, J.

DATED : 13/09/2019 The learned advocate for the petitioners, on instructions, states that as M.J.C. No. 03/2016 filed by the respondent under Order 39 Rule 2 (a) of the Code of Civil Procedure is dismissed in default, the challenge in the present petition to the substantive order passed on the application (Exh. 110) is rendered infructuous, and seeks permission to withdraw the writ petition. It is submitted that the amount of Rs. 5,000/- deposited by the petitioners as per the impugned order and as directed by this Court by the order dated 11/10/2017, be refunded to the petitioners.

The learned advocate for the respondent opposes the request for refund of the amount deposited by the petitioners.

The writ petition is disposed as withdrawn.

It is clarified that the observations made in the impugned order against the petitioners shall not be used

2 wp6558.17 against the petitioners in any proceedings and the matter shall be considered by the trial Court on its own merits. The trial Court shall pass appropriate orders regarding disbursement of the amount of Rs. 5,000/- deposited by the petitioners while deciding the civil suit.

JUDGE Ansari