Allowed

Shri. Gabalu Narayan Tikone v. Shri. Laxman Anna Tikone and Ors.

Bombay HC14 Mar 2016WP/1444/2016

Case brief

AI extract

What is this about?

Three writ petitions were withdrawn by the petitioner with liberty to file fresh applications to set aside 'No W.S. orders' before the trial judge, setting aside the initial rejection of such applications.

What did the court decide?

Petitions are allowed to be withdrawn with liberty to file fresh applications. Trial Judge to decide new applications uninfluenced by impugned orders.

Shri. Gabalu Narayan Tikone Vs Shri. Laxman… — Civil Procedure and Limitation | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1444 OF 2016

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Gabalu Narayan Tikone … Petitioner Vs. Laxman Anna Tikone and others … Respondents

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WITH

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WRIT PETITION NO.1445 OF 2016

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Gabalu Narayan Tikone	…	Petitioner
Vs.
Bharat Sadashiv Tikone and others	…	Respondents

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WITH

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WRIT PETITION NO.1446 OF 2016
Gabalu Narayan Tikone … Petitioner
Vs.
Dhondu Arjun Tikone and others … Respondents

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Mr. Vilas B. Tapkir for Petitioner in all Petitions.

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CORAM : R. G. KETKAR, J. DATE : MARCH 14, 2016

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P.C. :

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Heard Mr. Tapkir, learned Counsel for petitioner in all the Petitions at length.

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By these Petitions under Article 227 of the Constitution of India, petitioner has challenged the orders dated 19.11.2015 passed by the learned Joint Civil Judge, Junior Division, Vadgaon, Maval by which the applications made by the petitioner, hereinafter referred to as defendant No.1, for setting aside 'No W.S. order' were rejected.

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After arguing the Petitions for quite some time, Mr. Tapkir seeks permission to withdraw these Petitions with liberty to file fresh

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applications giving all the details as also causes for not filing written statement in time. He submits that if such applications are filed, the learned trial Judge may be directed to dispose of the said applications in accordance with law and uninfluenced by the observations made in the impugned orders.

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In view thereof, on the motion made by Mr. Tapkir, Petitions are allowed to be withdrawn with liberty as prayed for. All the contentions of the respondents-plaintiffs are kept open. If such applications are made, the learned trial Judge will decide the same in accordance with law and uninfluenced by the observations made in the impugned orders. Order accordingly.

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Minal Parab

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Shri. Gabalu Narayan Tikone v. Shri. Laxman Anna Tikone and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Gabalu Narayan Tikone v. Shri. Laxman Anna Tikone and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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