Single-judge order allowing the withdrawal of a writ petition challenging an interim order, with a reservation regarding the temporary injunction observation.
Writ petition disposed of as withdrawn with reservation.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4504 OF 2019
Martand Mahadev @ Madhavrao Jadhav-Sarnaik (Since decd) thru LRs and others .. Petitioners Versus Dattaprasad Construction thru its partners and ors .. Respondents
Mr. Yuvraj P. Narvankar for the petitioners.
CORAM: BHARATI DANGRE, J. DATED : 21st OCTOBER 2021
P.C:-
1 The present Writ Petition pose a challenge to the order passed by the District Judge, Kolhapur on 17th July 2008 in Miscellaneous Civil Appeal, which has upheld the order passed by the First Court on Exhibit-5 and the trial has now commenced.
Counsel for the petitioners is desirous of withdrawing the Writ Petition with only a reservation to the effect that the observations made by the Appellate Court shall not be taken into account as conclusive findings recorded by the trial court.
It is indeed a settled position of law that the observations made at the stage of temporary injunction and the
Tilak
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findings recorded therein will not bind the Court at the time of final adjudication of the Suit while considering the issue that has been formulated on its merit. Hence, no orders are necessary.
3 Writ Petition is disposed of as withdrawn.
SMT. BHARATI DANGRE, J
Tilak
Martand Mahadev @ Madhavrao Jadhav-Sarnaik (Since decd) thru LRs and others
Dattaprasad Construction thru its partners and ors
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
