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Bombay High CourtWP/2076/2022disposed off

Ramesh Sadashiv Gend v. Ajit Dinkarrao Deshmukh And ANR

2023-01-25Hon'Ble Shri Justice Sandeep V. Marne1 pages

Digitally signed by VINA ARVIND KHADPE Date:

2023.01.27 17:27:50 +0530 VINA ARVIND KHADPE Vina Khadpe 1 / 1

(5) wp 2076.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2076 OF 2022 Ramesh Sadashiv Gend ... Petitioner vs.

Ajit Dinkarrao Deshmukh and anr ... Respondents Mr. Yuvraj Narvankar for Petitioner.

Mr. Sandeep S. Salunkhe for Respondent No.1.

CORAM : SANDEEP V. MARNE, J.

DATED : 25 JANUARY, 2023 P.C. :- 1.

The learned counsel for Petitioner on instructions seeks leave to withdraw the present Petition, but seeks a clarifcation from this Court that the Trial Court shall not be infuenced by the observations made in the impugned order while deciding the Suit fnally.

2.

The observations made by the Trial Court and lower Appellate Court while deciding the temporary injunction are obviously, prima facie in nature, and the Trial Court cannot get infuence by those observations while deciding the Suit fnally.

3.

With the above clarifcation, the Writ Petition is dismissed as withdrawn.

4.

All contentions of the parties on merits are left open. (SANDEEP V. MARNE, J.)