Sanjay Premchand Harwani And Another v. Narendra Gopichand Bharani And Others

2023:BHC-NAG:14032 wp6012.23.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.6012 OF 2023 (Sanjay Premchand Harwani and another Vs. Narendra Gopichand Bharani and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. U. A. Gosavi, Advocate for Petitioners.

Mr. M. G. Bhangde, Senior Advocate with Mr. R. M. Bhangde, Advocate for Respondent Nos.1 to 6.

CORAM: ANIL S KILOR , J.

DATE: 25 th SEPTEMBER, .

The learned counsel for the petitioners seeks permission to withdraw the present petition in view of the subsequent order passed on 15.09.2023, with liberty to file a fresh petition raising challenge to the order impugned in the present petition as well as the subsequent order. 2.

Mr. Bhangde, learned Senior Advocate has no objection as regards the withdrawal of the petition. However, according to him, there is no need to grant any liberty as the order impugned in the present petition merges in the order subsequently passed and with the fresh cause of action the petitioners have every right to challenge, if he so desires.

3.

The petitioners are permitted to withdraw this petition with liberty as prayed for as no prejudice will be caused to the respondents if liberty is granted to raise a

wp6012.23.O.odt grievance in respect of the order impugned in the present petition as well as the subsequent order. All the points are kept open including the objection raised by the learned Senior Advocate Mr. Bhangde about the merger of earlier order in the subsequent order.

(ANIL S. KILOR, J.) NSN