Shahaji Shankar Mohite v. Smt. Shakuntala Bajrang Dongre And ORS

13-wp-1134-2023.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1134 OF 2023 Shahaji Shankar Mohite ... Petitioner V/s.

Shakuntala Bajrang Dongre & Ors ... Respondents Ms. Drishti M. i/by Mr. Ankit Jadhav, for Petitioner. Mr. Suraj Shejwal i/by Mr. Pradeep Gole, for Respondent Nos.1 & 3.

CORAM

: AMIT BORKAR, J.

DATED : JUNE 13, 2024 P.C.:

1.

By the impugned order, the Appellate Court has granted temporary injunction against the petitioner in exercise of power under Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908. Therefore, the remedy of petitioner is to challenge such order in an appeal under Section 104 read with Order 43, Rule 1(r) of the Code of Civil Procedure, 1908.

2.

Hence, the petitioner is permitted to withdraw the writ petition with liberty to file appeal from order. 3.

Time spent in prosecuting the present writ petitioner shall be excluded while considering the application for condonation of Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.06.13 16:41:39 +0530 delay in appeal from order which is to be filed by the petitioner. SHABNOOR AYUB PATHAN

13-wp-1134-2023.doc 4.

The writ petition stands dismissed as withdrawn with liberty as prayed for.

(AMIT BORKAR, J.)