Bombay High CourtWP/13284/2017dismissed

Dastgir Usman Tahasildar Through His Poa v. Iqbal Usman Tahasildar And ORS.

2019-09-17Hon'Ble Shri Justice N. J. Jamadar1 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13284 OF 2017 1] Dastgir Usman Tahasildar Through his power of attorney Holder Hajarabi Dastagir Tahasildar .. Petitioner Vs.

1. Iqbal Usman Tahasildar & Ors.

.. Respondents Mr.Anand Vadgaonkar for petitioner.

Mr. M.S. Peerzade for respondent No.4.

CORAM : N.J. JAMADAR, J.

DATE : 17TH SEPTEMBER 2019 P.C.

Heard the learned counsel for the petitioner. The learned counsel for the petitioner, on instructions, seeks leave to withdraw the petition with liberty to file an application under Order XXXIX, Rule 7 of the Code of Civil Procedure, 1908 (CPC) before the Trial Court.

In view of above, the petition stands dismissed as withdrawn with liberty to file an application under Order XXXIX, Rule 7 of CPC before the Civil Court.

In the event such an application is preferred, the learned Civil Judge shall decide the same on its own merits and in accordance with law. [ N.J. JAMADAR, J. ] Shraddha Talekar PS