Shri. Thakur Chothram Badlani v. Shri. Balkrishna Co-Operative Housing Society Ltd., And ORS.

can-23-16-(2)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.23 OF 2016 IN CONTEMPT PETITION NO. 307 OF 2012 Shri Thakur Choithram Badlani ..Applicant Vs.

Shri Balkrishna Co-operative Housing Sty & Anr ..Respondents Ms Yasmeen Mohd Sabir i/b Little & Co. for the Applicants Mr. A. V. Sathye for the Respondent Nos.1 to 3 CORAM :

R. M. SAVANT, J.

DATE :

21st MARCH, 2017 P.C.

The above Civil Application has been filed for restoration of the above Contempt Petition which relief is sought on the basis of the averments made in the above Civil Application. The Learned Counsel appearing for the Applicants states that the Respondent No.1 society has now agreed to confer membership on one of the heirs of the original Applicant on record. The Learned Counsel Mr. Sathye appearing on behalf of the Respondent No.1 society makes a statement that the Respondent No.1 society has no objection to confer membership on one of the heirs of the original Applicant provided the name of the said Applicant is suggested by all the heirs together so as to avoid future disputes. The Learned Counsel also states that the heirs may comply with the requisitions if any that would be made by the society. In view mmj

can-23-16-(2) of the statement made by the Learned Counsel Mr. Sathye, the above Civil Application has turned infructuous as the reason for which the Applicant wanted the above Contempt Petition to be restored now does not survive. The Civil Application is accordingly disposed of as having turned infructuous. [R.M.SAVANT, J] mmj