Shri. Anna Bhasusaheb Mahadik v. Shri. Lahu Parisa Kamble And ANR.

s33 wp5023-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5023 OF 2016 Anna Bhausaheb Mahadik .. Petitioner V/s.

Lahu Parisa Kamble and Anr.

.. Respondents Mr.V.P.Tapkir for the petitioner Mr.Milind Deshmukh for the respondent no.1

CORAM:

K.K. TATED, J DATED :

JANUARY 9, 2019 P.C. :

Heard.

By this petition under Article 226 of the Constitution of India, the Petitioner challenges the judgment and order dated 06.04.2015 passed by Civil Judge, Junior Division Daund in Misc. Application No.21 of 2013 by which the sale deed dated 15.03.2013 executed by Respondent no.2 Laxmibai Pandurang Sayyad in favour of Petitioner Anna Bhausaheb Mahadik is set aside.

The learned counsel for the Respondent no.1 submits that during the pendency of the present Writ Petition Regular Darkhast No.54 of 2005 (New 12 of 2012) is decided in favour of Mohite 1/2

s33 wp5023-16.doc Respondent no.1. Pursuant to the said order in Execution Application sale deed dated 09.05.2016 is executed in his favour. He placed on record copy of said sale deed. Same is taken on record and marked 'X' for identification. He submits that in view of subsequent development, nothing survives in the present Writ Petition.

Considering the submissions made by both the counsel and subsequent event that sale deed is already executed in favour of Respondent no.1, nothing survives in the present Writ Petition Same stands disposed of as infructuous. No order as to costs. (K.K. TATED, J.) Mohite 2/2