Petitioner sought withdrawal of suit with liberty to file fresh suit on subsequent events. Court held petition not pressed and disposed of.
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Pradnya Bhogale 1 906 wp 2269-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2269 OF 2019
Taradas Shivram Vatkar
since deceased through L.Rs.
1) Navin Taradas Vatkar and Anr.… Petitioners
Vs.
Dhondiram Dadu Gawali
since deceased through L.Rs.
A) Shalabai Dhondiram Gawali and Ors.… Respondents
Mr. Tejpal S. Ingale for the Petitioners.
Mr. Prashant Bhavake for the Respondents.
CORAM: M. S. KARNIK, J.
DATE : 26th SEPTEMBER, 2019.
P. C.:
1. Heard learned counsel for the petitioners.
2. After arguing the matter for sometime, learned counsel
for the petitioners submits that he would like to withdraw the suit
as there are subsequent events on the basis of which he will have
to file a fresh suit. He also submits that there are surveys carried
out and measurement maps on the basis of which suit will have to
be filed. If the petitioners want to withdraw the suit, it is always
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Pradnya Bhogale 2 906 wp 2269-19.doc
open for them to apply to the Trial Court and seek appropriate
liberty.
3.Learned counsel for the petitioners states that they
would apply to the Trial Court to withdraw the suit with liberty to
file a fresh suit on the basis of subsequent events. If such an
application is made, the Trial Court will obviously consider the
same on merits.
4.In view of these observations, the learned counsel does
not press this petition. The same is disposed of.
2 of 2
Taradas Shivram Vatkar L.Rs.
Dhondiram Dadu Gawali L.Rs.
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court