Single judge dismissed the writ petition under Article 227 as withdrawn with liberty to challenge a prior order of Appeal and kept merits open without coercive steps.
Petition dismissed as withdrawn with liberty to file appropriate proceedings challenging the order dated 21st September, 2006.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3389 OF 2007
Ganesh Mohanlal Pardeshi..Petitioner
Versus
Mohammad Shahab Abdul Vahab Farid & Ors. ..Respondents
Shri P.R.Arjunwadkar for the Appellants.
Shri Vijay Sonpal, A.G.P for the State of Maharashtra.
CORAM : ABHAY S.OKA, J.
DATED : AUGUST 16, 2007.
P.C.:
1.The challenge in this Petition under Article 227
of the Constitution of India is to an order passed by
the Registrar (Judicial I) of this court on 09th
November, 2006 on the basis of authority conferred upon
him by order dated 21st September, 2006 passed in Appeal
from Order No.659 of 2006.
2.After arguing the Writ Petition for some time,
the learned counsel for the Petitioner submits that the
Petitioner will have to adopt appropriate remedy for
challenging the order dated 21st September, 2006 passed
in Appeal from Order No.659 of 2006. He prays that he
may be permitted to withdraw the Petition with liberty
to file appropriate proceedings for challenging the
order dated 21st September, 2006 passed in Appeal from
Order No.659 of 2006. He also prays that all
contentions of the Petitioner as regards order dated
09th November, 2006 may be kept open.
... 2 ...
3.Hence, the Writ Petition is dismissed as
withdrawn with liberty as prayed. All contentions of
the Petitioner on merits of the order dated 09th
November, 2006 are kept open. No coercive steps shall
be taken against the Petitioner for a period of three
weeks on the basis of 09th November, 2006.
JUDGE
2 issues framed by the court
Whether the petitioner be permitted to withdraw the writ petition with liberty to file appropriate proceedings challenging the underlying order.
Whether the court shall keep open the petitioner's contentions on the merits of the order dated 09th November, 2006.
1 provisions across 1 enactments
Ganesh Mohanlal Pardeshi
Mohammad Shahab Abdul Vahab Farid & Ors.
Abhay S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court