Mahesh Bhalchandra Joshi v. Pradnya Pramod Latakar @ Shubhada Bhalchandra Joshi And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7189 OF 2018 Mangesh Vitthal Wadekar ..... Petitioner
VERSUS
Pradnya Pramod Latakar (formerly known Shubhada Bhalchandra Joshi) & Anr.
..... Respondents Mr.P.K.Dhakephalkar, Senior Advocate, i/b. Mr.Vaibhav R.Gaikwad for the Petitioner.
Mr.P.S.Dani, Senior Advocate, i/b. Mr.Nachiket V. Khaladkar for the Respondents.
ALONGWITH WRIT PETITION NO. 7196 OF 2018 Mahesh Bhalchandra Joshi ..... Petitioner
VERSUS
Pradnya Pramod Latakar @ Shubhada Bhalchandra Joshi & Anr.
..... Respondents Mr.Ashutosh M. Kulkarni, i/b. Mr.Akshay A. Kulkarni for the Petitioner.
Mr.P.S.Dani, Senior Advocate, i/b. Mr.Nachiket V. Khaladkar for the Respondents.
CORAM :
R.D. DHANUKA, J.
DATE :
16th OCTOBER, 2018 P.C.
Respondent no.1 is present in court.
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The matter was argued at great length by both the parties through their respective counsel. Learned counsel appearing for both the parties agree that the court need not record any reasons for disposing of both these writ petitions. Statement is accepted. 3.
Without prejudice to the rights and contentions of the petitioner in Writ Petition No.7189 of 2018 and in Writ Petition No.7196 of 2018, Mr.Dhakephalkar, learned senior counsel for the petitioner in Writ Petition No.7189 of 2018 and Mr.Kulkarni, learned counsel for the petitioner in Writ Petition No.7196 of 2018 on instruction state that no third party rights would be created in respect of the flat bearing no.B-7 consisting of two bed room hall kitchen in the building under construction and that the said flat would be kept vacant during the pendency of the RCS No.136 of 2016. The statement made by the learned counsel for the petitioners in both these two matters are accepted as and by way of undertaking to this court. The impugned order passed by the learned District Judge in Misc.Civil Appeal No.147 of 2017 is substituted by this order.
4.
In my view, the interest of justice would be met with if the impugned order passed by the learned District Judge in Misc.Civil Appeal No.147 of 2017 is substituted by this order. 5.
Both the writ petitions are disposed of in the aforesaid terms. Hearing of the suit is expedited.
6.
It is made clear that the learned trial judge while passing the
3/3 final judgment in the pending suit filed by the respondent no.1 would be empowered to consider and grant appropriate relief in respect of the said flat bearing no. B-8 which is directed to be kept reserved. [R.D. DHANUKA, J.] by Kanchan Vinod Mayekar Date:
2018.10.17 18:13:39 +0530 Kanchan Vinod Mayekar