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Bombay High CourtWP/5568/2010disposed off

Saath Developers And ANR. v. Shyam Narayandas Asave And ORS.

2015-07-01Hon'Ble Shri Justice Rajesh G. Ketkar1 pages

WP5568_10.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5568 OF 2010 M/s. Saath Developers and another ...

Petitioners Vs.

Shyam Narayandas Asave and others ...

Respondents Mr. Atul Kshatriya i/b. M/s. Markand Gandhi & Co. for Petitioners. CORAM : R. G. KETKAR, J.

DATE : 1ST JULY, 2015 P.C. :

Heard Mr. Kshatriya, learned Counsel for petitioners. 2.

Mr. Kshatriya states that the matter is settled between the parties in terms of the consent terms filed in Obstructionist Notice No.34 of 2008 in Execution application No.791 of 2008 in R.A.E. Suit No.125/1133 of 1965. He has tendered photocopy of the order dated 26.02.2015 passed by the learned trial Judge along with the consent terms dated 26.02.2015. The same are taken on record and marked 'X' collectively for identification.

3.

Mr. Kshatriya seeks permission to withdraw the Petition as the controversy is settled between the parties in terms of the consent terms. 4.

In view thereof, on the motion made by Mr. Kshatriya, Petition is allowed to be withdrawn. Rule is discharged with no order as to costs. (R. G. KETKAR, J.) Minal Parab 1/1