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Bombay High CourtWP/1096/2025disposed off

Suresh Arjun Koli And ANR v. Eknath Namdev More Since Decd Throu. Legal Heirs

2025-07-08Hon'Ble The Chief Justice1 pages

JPP 2-A. WP 1096.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by JYOTI PRAKASH PAWAR Date:

2025.07.09 14:40:24 +0530 JYOTI PRAKASH PAWAR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1096 OF 2025 Suresh Arjun Koli and Anr.

... Petitioners V/s.

Eknath Namdev More since deceased through Legal Heirs ... Respondent _______________________________________ Mr. Prasad P. Kulkarni with Mr. Nakul Shukla and Amol Kanaki for the Petitioners Mr. Milind R. Deshpande for Respondent _______________________________________ CORAM : ALOK ARADHE, CJ.

DATE : 08 JULY 2025 P.C. :

1.

In this Petition under Article 227 of the Constitution of India the Petitioners have assailed the validity of the order dated 10.12.2024, passed by the learned District Judge, Solapur, by which an application preferred by the Petitioner seeking amendment of the plaint has been rejected. 2.

The learned Counsel for the Petitioners, after arguing the matter to some extent seeks leave of this Court to withdraw the Petition with the liberty to file an application under Order 49 Rule 27 of the Code of Civil Procedure in the appeal which is pending against the judgment and decree passed by the Trial Court.

3.

The Writ Petition is dismissed as withdrawn in terms of the liberty as prayed for.

( CHIEF JUSTICE ) 1/1