Petitioner sought leave to withdraw writ petition with liberty to challenge impugned order if main suit decree goes against him; leave granted contending parties kept open.
Leave to withdraw the petition with liberty to challenge the impugned order in the main suit appeal is granted.
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917-wp-928-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 928 OF 2018
Godumal Narayandas Kishnani
.. Petitioner
Vs.
Shri. Premchand @ Prem Tejumal Chichrya
@ Gurdasani and Ors.
.. Respondents
Mr. G.S. Godbole, Sr. Advocate a/w Drupad Patil and Ketki Gadkari, for petitioner.
Mr. Atharva A. Dandekar, for respondent Nos. 5 to 9. Mr. N.R. Bubna, for respondent Nos. 1 to 4.
…. CORAM : M.S. SONAK, J. DATE : 27th JULY, 2018.
P.C. :-
1. After the matter was argued for sometime, Mr. Godbole, learned Counsel for the petitioner, seeks leave to withdraw this petition with liberty to challenge the impugned order, in case the main suit is decided against the petitioner and the petitioner chooses to appeal such decree. This request is on basis of written instructions received on e-mail from the petitioner Mr. Godumal Kishnani.
2. He states that a request is being made since the impugned order is interlocutory and the learned trial Judge has granted liberty to the parties to lead their evidence while hearing the issue of limitation.
Page 1 of 2
Shubham
917-wp-928-2018.doc
3. The request made by Mr. Godbole, is quite consistent with the provisions of Section 105 of CPC.
4. Therefore, leave is granted to withdraw this petition with liberty as prayed for. All contentions of all parties if any occasion arises to challenge the impugned order, are kept open.
( M.S. SONAK, J.)
Page 2 of 2
Shubham
Godumal Narayandas Kishnani
Shri. Premchand @ Prem Tejumal Chichrya
Gurdasani and Ors.
M.S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
