Shri Suraj Prakash Dutt v. Shri Tilak Raj Kapur And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 528 OF 2015 IN WRIT PETITION NO. 1410 OF 1997 WITH WRIT PETITION NO. 1307 OF 1997 M/s. Ramani Hotels Ltd.

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Applicant In the matter between :

Suraj Prakash Dutt, since deceased through his L.Rs.

Smt. Rani Suraj Dutt & Ors.

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Petitioners vs.

Smt. Rajkumari Kapur, since deceased through her L.Rs.

Tilak Raj Kapur & Ors.

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Respondents Mr. P. J. Thorat for Petitioners.

Mr. Vishal Kanade with Mr. Amol Bavake and Mr. Krishna B. i/b. M/s. Legasis Partners for Respondent No. 5.

CORAM : M. S. SONAK, J.

DATE: 23 SEPTEMBER 2015 P.C. :

1] Not on Board. Upon production, taken on board. 2] Civil application no. 528 of 2015 is allowed in terms of prayer clause (a). Necessary amendment to be carried out forthwith. 3] The parties, including the newly impleaded party, hand in consent terms, which are taken on record and marked as 'X' for the purposes of identification.

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4] The Annexures annexed to the consent terms are to be treated as part of the consent terms.

5] The consent terms have been signed by the petitioner no.1b who is the constituted attorney for the remaining petitioners. The consent terms have also been signed by the respondent nos. 3 and

5. The respondent no. 3 has the authority to sign on behalf of respondent nos. 1a to 1g and respondent no. 2. On oral application by the petitioners, the respondent no. 4 is deleted and since the petition is being withdrawn as against all the respondents. 6] Petitioner nos. 1a and 1b are present in the Court. Similarly, respondent no. 3 as well as authorised signatory of respondent no. 5 are present in the Court. They state that they have signed these consent terms after considering their proper import and scope. 7] In view of the aforesaid, there shall be an order in terms of the consent terms.

8] Writ petition no. 1410 of 1997 is disposed of accordingly. 9] All concerned to act on authenticated copy of this order. 2/4

10] The learned counsel for the petitioners in writ petition no. 1307 of 1997 applies for leave to withdraw the said writ petition as the reliefs therein no longer survive. Accordingly leave is granted. The said writ petition is also disposed of as withdrawn. (M. S. SONAK, J.) Chandka 3/4

CERTIFICATE "Certified to be true and correct copy of the original signed Order."

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