Shri. Dattagiri Maharaj Alias (Thr. Poa Shri. Ramesh Yashwant Mane)Dileep Achrekar v. Vishwambhar Harihar Pandit (Decd. Thr. Lrs I.E. Opponent No. 3

kvm 1/1 pro4-CAS1282.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1282 OF 2016 IN REJECTED CASE NO.776 OF 2009 Dattagiri Maharaj alias Dileep Achrekar ..... Applicant

VERSUS

Vishwambhar Harihar Pandit, (since deceased through his legal representative) & Ors. ..... Respondents Mr.Samrat Shinde for the Applicant.

Mr.Ramdas Shelke for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 20th DECEMBER, 2016 P.C.

Papers are allowed to be produced at 03.00 p.m. 2.

By consent of parties, following order is passed :- 3.

Civil Application No.1282 of 2016 is allowed in terms of prayer clauses (a), (b) and (c). Order dated 20th August, 2003 passed by the learned Assistant Registrar is set aside. Second Appeal (St.) No.5349 of 2001 is restored to file. 4.

The applicant has no objection if the Writ Petition No.11966 of 2016 filed by the respondents in this court to which the applicant is a party respondent if is allowed and Regular Civil Suit No.476 of 1989 is restored to file. Statement is accepted. Civil application is disposed of in the aforesaid terms. No order as to costs.

(R.D.DHANUKA, J.)