Sau. Deepa Shrikrushna Meshram And Others v. Rama S/O Oktu Waghdhare, (Dead) Thr. His Legal Heirs And Others

2024:BHC-NAG:2612 8-wp1313.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1313 OF 2024 Deepa Shrikrushna Meshram and others -Vs.- Rama s/o Oktu Waghdhare (dead) thr.LRs Saraswati Rama Waghdhare and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.Anurag Mankar, counsel for the petitioners. Mr. A.P.Kalmegh, counsel for respondent Nos.1A and 1B. Mr.Amit Madiwale, AGP for the respondent Nos.2 and 3. CORAM : B. P. DESHPANDE, J.

DATE : 4TH MARCH, 2024 P.C.

After hearing the matter for some time, the learned counsel for the petitioners seeks liberty to withdraw the present petition. However, he would submit that the learned Trial Court in the impugned order framed issues and more specifically Issue Nos.1 and 4 and answered them in negative, though finally observed that the application filed under Section 151 of the Code of Civil Procedure to recall the judgment and award in Land Acquisition Case No.464 of 212, is not maintainable.

2.

On perusal of the impugned order, it is clear that observations of the learned Trial Court are basically with regard to the maintainability of the application under Section 151 of the Code of Civil Procedure. It is therefore KHUNTE

8-wp1313.24.odt 2/2 clarified that right for the petitioners to raise such grounds, which are found in Issue Nos.1 and 4 would be kept open, if the petitioners wish to challenge such judgment and award before the appropriate forum.

3.

With theses observations, the petitioners are permitted to withdraw the present petition. Accordingly, the petition stands disposed of as withdrawn.

JUDGE Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 04/03/2024 18:04:55 KHUNTE