1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5015/2010 (Abrar Ahmed Mukhtar Ahmed VERSUS Nagpur Improvement Trust & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.A. Marathe, counsel for the petitioner. Shri N.W. Sambre, counsel for the R-1. CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 21 , 2011 . Heard. By the impugned order dated 17.09.2010, the trial Court had returned the plaint to the plaintiff as the suit was filed on 16.09.2010 before the expiry of statutory period of notice, which was issued by the plaintiff to the Nagpur Improvement Trust on 21.08.2010 under Section 115 of the Nagpur Improvement Act. After the writ petition was filed, notice of final disposal was issued to the Nagpur Improvement Trust and the Divisional Officer (Southern Division) Nagpur Improvement Trust. The respondents were served with a notice and it was orally informed to the Court by the learned counsel for the Nagpur Improvement Trust that no action would be taken in pursuance of the notice dated 05.08.2010 till this Court passed further orders on interim relief. It, however, appears that the statutory period of notice under Section 115 of the Nagpur Improvement Trust Act issued to the respondents on 21.08.2010 has expired and, therefore, the plaintiff would be entitled to institute the suit 2 before the Civil Judge (Senior Division), Nagpur. In such circumstances, the petitioner seeks permission to withdraw this petition so that the suit may be instituted. Since the respondents had undertaken not to take any action against the petitioner in pursuance of the notice, which was challenged in the civil suit, the respondents would not take any action against the petitioner for a period of one week within which the petitioner would institute the suit. The writ petition is disposed of as withdraw on the aforesaid terms. No order as to costs. JUDGE APTE