Smt Hansaben Shantilal Gujarati (Dead) And ORS v. Shri Ahokkumar Nagindas Saraf And ANR

501.wp.8930-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 8930 OF 2016

1. Smt Hansaben Shantilal Gujarati (dead),

2. Shri Bharat Shantilal Gujarati (dead),

3. Smt. Umaben Ashok Sonavane (dead) through L.R.

3(a) Mr. Sumit Ashok Sonavane

...Petitioner

Versus

Shri Ahokkumar Nagindas Saraf And another

...Respondents

......

With Civil Application No.2593 of 2016 In Writ Petition NO. 8930 OF 2016 ....

Mr. Sachin Chavan, Advocate for the Petitioner. Mr. G.S. Gorwadkar, Advocate for the Respondents. ....

CORAM : R. G. KETKAR, J.

DATE : 12th FEBRUARY, 2019 P.C.

1.

Not on board. At the request of Mr.Chavan taken up in the production board.

2.

Heard Mr. Sachin Chavan, learned counsel for the petitioner and Mr.G.S. Gorwadkar, learned counsel for the respondents. 3.

This matter is moved by way of a praecipe dated 12.2.2019 for withdrawal of the petition on the ground that the parties to the petition have amicably resolved their interse disputes outside the Court. 1 / 2

501.wp.8930-16.doc 4.

The learned counsel for the parties have tendered the consent terms dated 12.2.2019 signed by the petitioner and the respondents as also their Advocates. Same is taken on record and marked 'A' for identification. Mr. Chavan states that the petitioner has handed over possession of the suit premises to the respondents. Mr. Gorwadkar confirms said fact.

5.

Mr.Chavan states that the petitioner No.3A Sumit Ashok Sonavane is present in the Court today. He has tendered photo-copy of his Aadhaar Card, which is taken on record and marked 'B' for identification. Mr. Gorwadkar states that the respondents are present in the Court. He has tendered a photo-copy of Aadhaar Card of respondent No.1 and a photo-copy of Identity Card issued by Election Commission of India of respondent No.2, which are taken on record and marked 'C collectively', for identification.

6.

In view thereof, on the motion made by Mr.Chavan, the petition is allowed to be withdrawn and is disposed of as such. In view of disposal of the petition, Civil Application No.2593/2016 for restoration of possession of the suit premises does not survive and the same is also disposed of. Order accordingly.

(R. G. KETKAR, J.) Deshmane (PS) 2 / 2