In this writ petition challenging an interim order in a civil suit, the petitioner himself appeared but expressly declined to press the petition and the specific prayer regarding an injunction on the suit premises. Consequently, the court disposed of the petition as not pressed.
The writ petition is disposed of as not pressed.
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20 - WP 13423 OF 2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
KANCHAN VINOD MAYEKAR
Digitally signed by KANCHAN VINOD MAYEKAR Date: 2024.02.03 12:54:27 +0530
WRIT PETITION NO. 13423 OF 2017
Ashraf Saudagar Kassam Merchant ….. Petitioner
VERSUS
Aslam Kassam Merchant .….. Respondent
Mr.D.S.Sabnis, i/b. Mr.Ram Laxmipalli for the Petitioner.
Mr.Aslam Kassam Merchant, Respondent present in person.
CORAM: RAJESH S. PATIL, J.
DATE : 1 FEBRUARY, 2024
P.C. :-
This writ petition is filed by the original plaintiff thereby
challenging the order dated 10 September, 2014 passed below
Ex.9 in the L.E. & C. Suit, and as confirmed by the order dated 4
May, 2017 by the Appellate Bench of the Court of Small Causes.
2.Mr.Sabnis, learned counsel appearing for the petitioner on
instructions from the petitioner who is present in Court, does not
want to press the petition as also for the prayers which are made
in the application Ex.9, as of now. The said prayer clause (a) of
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Ex.9 reads as under :-
(a)Pending the hearing and final
disposal of the suit, the Defendant and his
family members be restrained by an order an
injunction of this Hon’ble court, restraining
them from bringing in any other person into
the suit premises without obtaining the
consent of the Plaintiff in writing.
3. In view of the same, writ petition is disposed of as not
pressed.
[RAJESH S. PATIL, J.]
2 issues framed by the court
Whether the writ petition seeking injunction regarding suit premises is pressed by the petitioner.
How the court shall dispose of the writ petition given it is not pressed by the claimant.
Ashraf Saudagar Kassam Merchant
Aslam Kassam Merchant
Rajesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court