Rohit Pandav Yashwant v. The State Of Maharashtra Thr Its Secretary And ORS

10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 105 OF 2025 Rohit Pandav Yashwant ..Petitioner VS The State of Maharashtra & Ors.

..Respondents __________ Mr. Minal Chandnani with Urusah M. I., for the Petitioner. Ms. S. D. Vyas, Addl. Govt. Pleader with Ms. P.J. Gavhane, AGP for the State. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

07 January 2025 P.C.:

1.

We have heard learned Counsel for the petitioner. 2.

Considering the fact that the petitioner has already approached the Court of learned Civil Judge, Junior Division, Ulhasnagar in the proceedings of Regular Civil Suit which also includes the petitioner's grievances being canvassed in the present petition, as seen from the averments as made in paragraphs 15, 17, 21 and 27 of the Suit, we accept the request as made on behalf of the petitioner to permit the petitioner to withdraw this petition with liberty to move an appropriate application in the pending civil suit, seeking interim reliefs. We also find that as the cause of action in the suit is materially and substantially same, hence it would be appropriate for the petitioner to move the Civil Court. 3.

In the event, any application is moved seeking urgent interim P. V. Rane

10.odt reliefs, we are certain that the learned Civil Judge shall consider the same expeditiously and pass appropriate orders.

4.

All contentions of the parties are expressly kept open. 5.

Allowed to be withdrawn with liberty.

6.

Disposed of. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] P. V. Rane Signed by: P.V.Rane Designation: PS To Honourable Judge Date: 07/01/2025 20:38:23