Petitioner seeking leave to withdraw a writ petition after underlying suit was dismissed and restoration sought. Leave granted and petition dismissed on withdrawal.
Leave granted to withdraw the petition. Petitioner permitted to seek restoration of the suit.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
953 WRIT PETITION NO.14952 OF 2021
SHAIKH VAZEER SHAIKH JAMAL
VERSUS
SHAIKH AZIZ SHAIKH JAMAL SINCE DECEASED
THR LRS SHAIKH SANDU SHAIKH AZIZ
Advocate for Petitioner : Mr. Pramod F. Patni
Advocate for Respondent : Mr. D.P. Palodkar
CORAM : SHARMILA U. DESHMUKH, J.
DATE : 06-01-2023
PER COURT :
.The petitioner has challenged the order dated
12.01.2021 passed by 2nd Jt. Civil Judge, J.D., Paithan in R.C.S.
No.413 of 2014 partly allowing application for amendment.
The learned counsel for the petitioner submits that on 11.07.2022
R.C.S No.413 of 2014 has been dismissed for failure on the part of
the plaintiffs to adduce evidence. The learned counsel for the
petitioner submits that an application for restoration has been made.
2.Since nothing survives for consideration as the suit is
itself dismissed, the learned counsel for the petitioner seeks leave to
withdraw the present petition.
3.Leave is granted. The petition is dismissed as
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withdrawn.
4. Petitioner is permitted to take steps for restoration of the
suit and to seek further reliefs, if so warranted by law.
( SHARMILA U. DESHMUKH, J. )
GGP
SHAIKH VAZEER SHAIKH JAMAL
SHAIKH AZIZ SHAIKH JAMAL SINCE DECEASED THR LRS SHAIKH SANDU SHAIKH AZIZ
SHARMILA U. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court