← Library
Bombay High CourtCAW/3117/2012disposed off

Aruna Prakash Patil v. Kirti Rajesh Meshram And ORS.

2015-04-30Hon'Ble Shri Justice Nitin Jamdar2 pages

1 4 CAW 3117-12 in WP 102-05.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3117 OF 2012 in WRIT PETITION NO. 102 OF 2005.

Mrs.Aruna Prakash Patil .. Applicant /Petitioner Vs.

Smt.Kirti Rajesh Meshram & ors.

.. Respondents Mr.Sacchidananda Tandel i/b Mr.Uday Warunjikar, for the Applicant & org. Petitioner.

None for Respondents.

CORAM: N.M.Jamdar, J.

Thursday 30 April, 2015 P.C :

The learned counsel for the Petitioner states that pursuant to the Consent terms executed by parties, on 23 December 2014 payment has been made to the Respondent No.3. He places a receipt on record. He states that possession of the premises is already handed over pursuant to the Consent terms. According to the learned counsel for the Petitioner therefore, the petition will not survive as all the parties have acted as per the Consent terms. Signed consent terms are on the record. None appears for the Respondents when the matter is called out. Nothing is placed on record, not to dispose of the petition in terms of the Consent terms and that the payment is not made. There is no reason to disbelieve the statement of the Petitioner. The petition is disposed

2 4 CAW 3117-12 in WP 102-05.doc of in terms of the Consent Terms. Liberty to apply in case of any difficulty.

In view of the above, Civil application also stands disposed of. (N.M.Jamdar, J.)