Sunita Kunal Doijad @ Sunita Bidarole Jotiba v. Kunal Vijaykumar Doijad

40-wp-11512-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11512 OF 2023 Sunita Kunal Doijad @ Sunita Bidarole Jotiba ... Petitioner vs.

Kunal Vijaykumar Doijad ... Respondent Mr. Mohammed Ahmed, for Petitioner.

Mr. Vijay Killedar for Respondent.

CORAM : GAURI GODSE, J.

DATED : 23rd AUGUST 2024 ORDER:

1.

Learned counsel for the petitioner on instructions seeks leave to withdraw the petition with liberty to agitate all the grounds in the Trial Court.

2.

The petition arises out of an order rejecting the petitioner's application under Order VII Rule 11 of the Civil Procedure Code, 1908. Hence, learned counsel for the petitioner request to keep all contentions of all parties on merits open and permit the petitioner to raise all the grounds in the trial court, in the main petition. Leave granted. Writ Petition is disposed of with liberty as prayed. 3.

It is clarified that, I have not examined the rival contentions of Page no. 1 of 2

40-wp-11512-2023.doc the parties on merits. Hence, all contentions of all parties are kept open. Petitioner is permitted to raise all the grounds raised in the application at Exhibit- 175, during the trial of the main Petition No. 51 of 2016.

4.

Writ Petition is disposed of as withdrawn with liberty as recorded above.

(GAURI GODSE, J.) Page no. 2 of 2