Pawanputra Janjivan Samasya Bhumivikas Sanstha, Nagpur Thr. President, Suresh G. Chaudhari v. Shri. Mohammad Rafique Sheikh Mohammad Thr. P.O.A., Maksood Shah Yusuf Shah And Others

901. WP 295 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.295/2023 Pawanputra Janjivan Samasya Bhumivikas Sanstha, Nagpur through its President Shri Suresh Gulabrao Chaudhari ...Versus...

Shri Mohammad Rafique Sheikh Mohammad through his Power of Attorney Holder Shri Maksood Shah Yusuf Shah and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri S.S. Sitani, Advocate for petitioner CORAM : AVINASH G. GHAROTE, J.

DATE : 18/01/2023 1.

Heard Shri S.S. Sitani, learned counsel for the petitioner. The petition challenges the order dated 22/11/2022 below Exh.80 under Order 1 Rule 10 of the Code of Civil Procedure for addition of the petitioner as a party defendant to the suit between the respondents inter se. The only ground raised is that the plaintiff and defendants are the members of the applicant/Society and are quarreling regarding the entitlement to plot No.124. That by itself cannot be said to be a reason for terming the petitioner as a proper or necessary party. 2.

At this stage, learned counsel for the petitioner, on instructions, seeks to withdraw the petition.

901. WP 295 of 2023.odt 3.

Statement is accepted. The writ petition is dismissed as withdrawn. No order as to costs. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR