Jagdish Ishwarlal Bhatt And ANR. v. Kamlesh Jagdish Bhatt And ORS.

ssm 1 4-Wp-2484-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2484 OF 2022 Jagdish Ishwarlal Bhatt & Anr.

.....Petitioners Vs.

Kamlesh Jagdish Bhatt & Ors.

.....Respondents Mr. Datta Mane i/b. Mr.S.J. Lavte for the Petitioner. Ms. M.H. Mhatre APP, for the Respondent-State. Mr. Rahul Shelke for Respondent No.1.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 25th JANUARY, 2023.

P.C.:- .

In furtherance of Order dated 23rd March, 2023, the Respondent Nos.1 and 2 have vacated the suit premises more specifically mentioned in the Order dated 4th September, 2018 passed by the SubDivisional Officer, Thane Division, Thane in case No. TD/Criminal/T-4/Senior Citizen/SR No.14/17/18 in favour of Petitioner No.1 yesterday i.e. on 24th January, 2023 at about 5.00 pm. 2.

Learned APP has produced on record a communication dated 25th January, 2023 signed by the Assistant Commissioner of Police, Vartak Nagar Division, Thane, addressed to the office of the Public Prosecutor, High Court, Mumbai. To the said communication, a report submitted by Police Sub Inspector Mr. M.G. Kale attached to Kapurbawadi Police Station 1/2

ssm 2 4-Wp-2484-2022.doc along with Original Panchanama dated 24th January 2023 and coloured photographs showing handing over the keys in favour of Petitioner No.1 are annexed. The same are taken on record and marked "X" collectively for identification.

3.

In view of the above, Order dated 23rd January, 2023 is complied with and the grievance of the Petitioners as of today does not survive.

4.

As far as other grievances of the Petitioners are concerned, for its redressal they are at liberty to adopt appropriate legal procedure, as may be permissible under the law.

5.

Petition is accordingly disposed off with aforesaid liberty. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2023.01.31 11:56:28 +0530 SANJIV SHARNAPPA MASHALKAR 2/2