Shri. Suresh Jingonda Patil v. Smt. Alka Babasaheb @ Rapunjay Patil And ORS

caw­540­15­(10)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.540 OF 2015 IN WRIT PETITION NO.5574 OF 2014 Suresh Jingonda Patil ..Applicant Vs.

Alka Babasaheb Patil & Ors.

..Respondents Mr. G. M. Savagave for the Applicant CORAM :

R. M. SAVANT, J.

DATE :

13th MARCH, 2015 P.C.

The above Civil Application has been filed seeking amendment of the above Writ Petition which is at the pre­admission stage. The above Writ Petition challenges the order dated 5­3­2014 passed by the Learned District Judge­1 Jaysingpur. It is thereafter that the application Exhibit 20 under Order XLI Rule 19 came to be filed which has been dismissed by an order dated 18­3­ 2014 by the Learned District Judge­1 Jaysinghpur in Misc Civil Appeal No.49 of 2013. It is not necessary to permit the Applicant to amend the above Petition as against the order dated 18­3­2014, an Appeal would lie under Order XLIII of the Civil Procedure Code. The Learned Counsel for the Applicant/Petitioner therefore seeks leave to withdraw the above Petition to file an Appeal From Order challenging the order dated 18­3­2014. The Petition is accordingly mmj

caw­540­15­(10) allowed to be withdraw with liberty as prayed for. In view of the withdrawal of the above Petition, the above Civil Application does not survive and is disposed of as such. [R.M.SAVANT, J] mmj