High Court of Bombay, Bench at Aurangabad, disposed of a criminal writ petition allowing the petitioners to withdraw with liberty to prosecute a separate civil suit regarding inheritance declaration.
Writ Petition disposed of as withdrawn with liberty to prosecute the underlying civil suit.
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936 wp 159 20.odt
jIN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
936 CRIMINAL WRIT PETITION NO.159 OF 2020
KARBHARI S/O. KACHRU SHEJWAL AND ANR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioners : Mr. Nebhan M Chanchlani (appointed Through
Legal Aid)
APP for Respondent/State : Mr. S.W. Mundhe.
CORAM: MANGESH S. PATIL, J.
DATE:15.01.2021.
PER COURT :
After it was pointed out that it is a matter of recording of death
pursuant to the provisions of the Registration of the Birth and Death Act and
that the petitioners being the brothers of the deceased have already filed a
substantive suit bearing Regular Civil Suit No. 304/2016 seeking a
declaration of the original applicants being not the heirs of the deceased, the
learned advocate for the petitioners, on instructions, seeks leave to
withdraw the Writ Petition with liberty to prosecute the suit.
2. The Writ Petition is disposed of as withdrawn.
3. The learned advocate for the petitioners has been appointed by the High Court Legal Aid Services Authority. Needless to state that the Authority may pay appropriate fees to the learned advocate.
(MANGESH S. PATIL, J.)
mkd/-
1/1
KARBHARI S/O. KACHRU SHEJWAL
ANR
STATE OF MAHARASHTRA
OTHERS
MANGESH S. PATIL
As recorded by the court registry
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