Shri. Chhotu Shankar Ahire v. Sharada Mandir Sanstha And ORS

6-wp-3553-2012.odt rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION HWRIT PETITION NO. 3553 OF 2012 Shri Chotu Shankar Ahire ..Petitioner Vs.

Sharada Mandir Sanstha and Ors.

.. Respondent WITH WRIT PETITION NO. 1905 OF 2014 Shri Chotu Shankar Ahire ..Petitioner Vs.

Sharada Mandir Sanstha .. Respondent through Chairman / Secretary and Ors.

Mr. N. V. Bandiwadekar i/b. A. N. Bandiwadekar for the Petitioner. Ms. Vaishali Nimbalkar, AGP for Respondent no. 3. Mr. A.A.Garge for Respondent no. 1 and 2.

Mr. Kishor H. Hase for Respondent no. 4.

CORAM : A.K. MENON, J.

DATED : 25 th FEBRUARY, 2019.

P.C. :

1.

Learned counsel for the petitioner and respondent nos. 1, 2 and 4 state that the parties have arrived at a workable arrangement. Parties are present in Court. They tender consent terms dated 25 th February, 2019 signed by petitioner and respondent nos. 1, 2 and 4. Consent terms taken on record and marked "X" for identification.

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6-wp-3553-2012.odt 2.

On behalf of respondent no. 3 learned AGP submits that the consent terms will not be binding upon respondent no. 3 and it will be without prejudice to the rights and contentions of respondent no. 3. Accordingly, I pass the following order :

(i) There will be an order in terms of the consent terms as between parties to the consent terms.

(ii) Undertakings contained in paragraph 3 and 5 on behalf of respondent nos. 1 and 2 are accepted.

(iii) It is clarified that no prejudice will be caused to respondent no.3.

(iv) Petitions are disposed of in terms of the consent terms. (A.K. MENON,J.) 2/2