Petitioner sought withdrawal of a writ petition concerning suit property. The Court permitted withdrawal, recording that parties creating third-party interests during the pendency of the suit shall not claim equities, and disposed of the petition as withdrawn.
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2024:BHC-NAG:9929
1 wp 467.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.467/2024
(Irshad Khan v Ashok and others)
Mr. A.M. Chandekar, Advocate for petitioner. Mr. A.A. Bansod, Advocate for respondent nos.1 and 2.
CORAM : N.R. Borkar, J. DATE : 03-09-2024.
Learned Counsel for the petitioner, on instructions, seeks
leave to withdraw the present petition. He, however, submits that contesting respondents may not be permitted to create third party interest in the suit property without permission of the Court.
ii. Learned Counsel for the contesting respondents submits that in absence of any prima facie case in favour of the petitioner, relief as sought may not be granted.
iii. Considering the facts and circumstances, during the pendency of suit third party interest, if any, is created in the suit property, then the concerned parties including the contesting respondents shall not claim any equities on the ground that the prayer
of the petitioner in that respect was rejected.
iv. The petition is disposed of as withdrawn.
( N.R. Borkar, J. )
Deshmukh
Irshad Khan
Ashok
N.R. Borkar
As recorded by the court registry
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