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Bombay High CourtWP/4157/2008disposed off

Dinshw Sapurji Patel v. Kersi Kaishroo Bharucha

2022-07-15Hon'Ble Shri Justice Nitin W. Sambre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4141 OF 2008 WITH WRIT PETITION NO.4157 OF 2008 WITH CIVIL APPLICATION NO.1872 OF 2013 WITH CIVIL APPLICATION NO.1871 OF 2013 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.07.19 10:05:40 +0530 BALAJI GOVINDRAO PANCHAL Dinshaw Sapurji Patel (As per amendment dt. 29.10.2013) Porus Dinshaw Patel ..Petitioner

Versus

Kersi Kaikshroo Bharucha ..Respondent WITH CIVIL APPLICATION NO.41 OF 2022 IN WRIT PETITION 4157 OF 2008 WITH CIVIL APPLICATION NO.1216 OF 2013 Kersi Kaikshroo Bharucha ..Applicant

Versus

Dinshaw Sapurji Patel ..Respondent Mr. Patel i/by Rumi H. Mirza, for the Petitioner in both petitions.

CORAM : NITIN W. SAMBRE, J.

DATE : 15th JULY, 2022 P.C.

1.

The respondent/landlord Mr. Kersi Kaikushroo Bharucha is personally present in Court and has

established his identity through Aadhar Card which is annexed to the consent terms bearing Aadhar Card No.9458 0419 7824. Photocopy of which is annexed to the consent terms.

2.

In response to the Court's query through AGP Mr. A. P. Vanarase, he has tendered original Aadhar Card for verification and establishing his identity.

3.

As he is not represented through any lawyer, this Court has interacted with the said respondent/landlord through AGP. The respondent/landlord has agreed to accept the petitioner as his lawful tenant in terms of the consent terms. He further agrees that he has signed and executed the consent terms which are drafted as per his instructions.

4.

In response to the Court's query, he further extends consent for disposal of both these petitions in terms of the consent terms. As such, consent terms tendered in both these petitions are taken on record and marked "X" and "Y" for identification.

5.

The petitioner claims to be tenant in the suit premises. The petitioner's tenancy along with his cousin brother is agreed to be accepted as reflected in the consent terms. The petitioner, so also the respondent are

personally present in Court.

6.

Both these petitions as such stand disposed of as per consent terms taken on record.

7.

Parties are at liberty to take recourse to disposal of the suit in accordance with the consent terms as agreed. 8.

The Civil Applications also stand disposed of. [NITIN W. SAMBRE, J.]