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Bombay High CourtCAC/152/2019dismissed

Ramanik Premji Veera (Since Deceased) Thr. Lrs. And ORS. v. Shri. Anant Ganesh Petkar

2019-07-30Hon'Ble Shri Justice Rajesh G. Ketkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 152 OF 2019 IN CIVIL REVISION APPLICATION NO. 452 OF 2017 Ramnik P. Veera (since deceased through Legal Heirs) and ors.

.. Applicants vs.

Anant G. Petkar .. Respondent Mr. G.M. Savagave for the Applicants.

Mr. Anant G. Petkar, Respondent in person.

CORAM : R. G. KETKAR, J.

DATE : 30th JULY 2019.

P.C. :- IN CIVIL APPLICATION NO. 152 OF 2019 1] Heard Mr. G.M. Savagave, learned counsel for the applicants and Mr. Anant G. Petkar, respondent in person. 2] This is an application for recalling the order dated 12th February 2019 passed by this Court in Civil Revision Application No. 452 of 2017 with connected Writ Petition Nos.9347 and 9359 of 2017.

3] For the reasons set out in the application, the Civil Application is allowed in terms of prayer clause (a) with no order as to costs. Civil Revision Application No. 452 of 2017 1/3

as also Writ Petition Nos.9347 and 9359 of 2017 are restored to their original position.

IN CIVIL REVISION APPLICATION NO. 452 OF 2017 WITH WRIT PETITION NO. 9347 OF 2017 AND WRIT PETITION NO. 9359 OF 2017.

4] By consent of the parties, Civil Revision Application No.452 of 2017 along with Writ Petition Nos.9347 and 9359 of 2017, which are not on board, are taken up for admission. 5] Mr. Savagave has tendered the Consent Terms dated 25th July 2019 signed by the parties submitted in Special Darkhast No. 16 of 2017. He submitted that the Executing Court, on the basis of Consent Terms, has disposed of the Special Darkhast. He therefore, seeks permission to withdraw the Civil Revision Application as also the Writ Petitions. The respondent Mr. Petkar confirms the said fact. Accordingly, the Consent Terms are taken on record and marked as "X" for identification.

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6] In view thereof and the motion made by Mr. Savagave, Civil Revision Application No. 452 of 2017 as also Writ Petition No. 9347 of 2017 and Writ Petition No. 9359 of 2017 are disposed of as withdrawn.

7] Registry to transmit the original Record and Proceedings to the Trial Court forthwith.

8] Order accordingly.

(R. G. KETKAR, J.) 3/3