Lilabai Lakshman Lohkare Since Dec Thr He Legal Heirs And ORS v. Rajendra Madhav Alias Mahadu Dhatrak And ORS

VAISHALI ANIL TIKAM 18-WP 7595 of 2024.odt by VAISHALI ANIL TIKAM Date:

2024.09.25 15:33:09 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7595 OF 2024 Lilabai Lakshman Lohkare Since deceased through her Lrs.

And Ors.

...

Petitioners

Versus

Rajendra Madhav 2 Mahadu Dhatrak and Ors.

...

Respondents .........

Mr. Anilkumar K. Patil for Petitioners .........

CORAM : MILIND N. JADHAV, J.

DATED : 23rd SEPTEMBER, 2024 P.C. :- 1.

Mr. Patil, learned Advocate for the Petitioners, would submit that impugned order dated 5th January, 2023 allows the Application under Order 7 Rule 11 of CPC filed by the Defendants. He would submit that the said order is an appealable order and the RCA will have to be filed thereunder since the suit has been rejected. He would submit that the present Writ Petition has been incorrectly filed and, therefore, he seeks withdrawal of the Writ Petition. He also seeks liberty to allow leave of the Court to arrest the limitation period spent for prosecuting the present Writ Petition.

2.

Leave as prayed for is granted. The time spent in filing and prosecuting the present writ petition shall be available to the Plaintiffs insofar as filing of the RCA is concerned. Any other delay that may be V.A.Tikam 1 / 2

18-WP 7595 of 2024.odt caused in filing the RCA shall be dealt with by the Learned District Court in accordance with law.

2.

Writ Petition is allowed to be withdrawn and disposed of accordingly.

( MILIND N. JADHAV, J. ) V.A.Tikam 2 / 2