Magas Samaj Seva Mandal And ORS v. Mahadeo Khuba Rathod And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.

O F Magas Samaj Seva Mandal and Ors.

...

Petitioners

Versus

Mahadeo Khuba Rathod and Anr.

...

Respondents - - Mr. Anandmaya Dhorde i/by Mr. Nitin Gaware Patil for the Petitioners.

- - CORAM : SHARMILA U. DESHMUKH, J.

DATE : August 1, 2023.

P. C. :

1.

The plaint has been rejected under the provisions of Order 7 Rule 11 of the Code of Civil Procedure, 1908. Learned counsel for the Petitioners submits that the writ petition is not maintainable, as the first appeal is required to be filed. 2.

Writ Petition is permitted to be withdrawn with liberty to file first appeal.

3.

The time taken in pursuing the present writ petition may be taken into consideration while examining the aspect of Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2023.08.02 10:43:01 +0530 SANJAY ASARAM MANDAWGAD condonation of delay.

( Sharmila U. Deshmukh, J. ) sanjay_mandawgad