Dr. Nilesh S/O Digambar Thakre v. Padmashree D.Y. Patil Medical College Thr. Managing Director, Kasba Banda

1 wp1433.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1433/2017 Dr. Nilesh S/o Digambar Thakre ..Vs..

Padmashree D.Y. Patil Medical College, through its Managing Director, Kasba Band, Kolhapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.G. Kulkarni, Advocate for the petitioner. Shri N.R. Rode, Advocate for the respondent.

CORAM : Z.A. HAQ, J.

DATE : 8.1.2019.

The learned Advocates for the petitioner as well respondent submit that the impugned order is appeallable before the District Court under Order 43 Rule 1(a) of the Code of Civil Procedure. The Advocate for the petitioner seeks permission to withdraw the petition with liberty to file appeal before the District Court. It is further submitted that excluding the days required for obtaining the certified copy, the petition is filed on 16th day and it is prayed that the delay which has occasioned because of pendency of this writ petition, be condoned.

The writ petition is disposed as withdrawn with liberty as prayed for. In the facts of the case, it is directed that if the petitioner files appeal before the District Court within two weeks, it should be treated that there is no delay in filing the appeal. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.